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f^,. 133 6>^ k- 'ii 




DOCUMENTS 



SENATE 



STATE OF NEW-YORK, 



FIFTY-EIGHTH SESSION. 



1885. 



VOLUME 11. 
mOM No. 39 TO No. B9 INCLVSIVE. 



ALBANY: 

FItlRTU) BT K. CBOSWXLt., PBIHTEB TO THl (TATE. 



r.. 



ME8ENTED 

BY 

THE HON. 60C. 

or 

LINCOLN'S INN 














^-. 




STATE OF NEW-YORK. 



No. 29. 






IN SENATE, 



January 30, 1835. 




^^^''*fffl^ff'*nP''TS^^ 



REPORT 



Of the committee on Indian aflhirs on the .petition of 

William Page. 

Mr. Kemblc, from the committee oa Indian affkirf , to wbom was 
refenpd the petition of William Page, submitted the following 

REPORT: 

The petitioner represents, that early in the summer of }833y se- 
veral of the qhiefs of the Orchard party of the Oneida tribe of In- 
dians, dune to him and informed him that said party of Indians 
were eon templa ting a removal to Green Bay; that several meet- 
ingji had been held by said party to counsel on the expediency of 
th^ir migration; that a delegation had been selected to visit Green 
Bay, ascertain tbp character of the country to which they proposed 
tp emigrate, and to return and make known t9 the said party of 
Indians the result of their discoveries^ and their opinion respecting 
Green Bay as a place of residence for said party and tribe. 

f 

M 

The chiefs were authorized by the Orchard party of Indians tp 
borrow money to defray the expenses of their tour of exploration. 
To obtain money for that purpose, was the object of the chiefs in 
their call upon the petitioner. They informed him of the design 
of their party, and promised, in case he would loan to them the sums 
of money necessary to pay the expenses incident to their migra* 
tioQ, tp fiecur^ to him, in their treaty with the State of New- York, 
the pre-^mpt^on right to a certain (j[uantity of their land. As the 
amoqpt pf p?Q9py which might l^e re<)9iris4 <»ul4 npt^ at that tim^ 

[Senate No. 29.] 1 



3 [Sbnatk 

be fixed^ the chiefs agreed with the petitioner to secure to him the 
pre-emption right to one hundred acres of land, for and in conside* 
ration of the 5um of one hundred and fifty dollars, and in that pro- 
portion for whatever sums of money the petitioner should furnisK 
them for the purpose aforementioned. 

The petitioner loaned to the chiefs, or committee appointed ta 
visit Green Bay, the suth of one hundred and fifty dollars. On the 
return of said committee from Green Bay, a meeting of the Or- 
chard party of Indians was held, and the opinion of the delegation 
who had visited Green Bay, was communicated in general council. 
The delegation recommended migration, and urged the party to 
come to a resolution to sell their lands to the State, and take up 
their future residence in Green Bay. The party, however, did 
bot at that meeting give their consent to such a proposition. 

Soon after the return of the delegation from their journey be- 
yond the lakes, a meeting of the " Six Nations" vTas held at or 
near Buffalo. To this meeting, the Orchard party of the Oneida 
Indians sent a deputation, and the petitioner, at the request of the 
chiefs, loaned that deputation the sum of forty dollars. 

Subsequent to. the meeting of the Six Nations, the Orchard par- 
ty, in general council, concluded to make a treaty with the State, 
dispose of their lands and remove to Green Bay. To effect these 
purposes, a large number of the party resolved to go to Albany, to 
negotiate with the officers appointed on the part of the State to 
conclude a treaty with them, and to make arrangements for their 
final departure, and their journey westward. In preparing for 
this visit to Albany, and defraying its expenses, the Indians needed 
money, and they borrowed of the petitioner the further sum of one 
hundred and thirty-one dollars. 

In their treaty with the Commissioners of the Land-Office, the 
Indians desired to secure to the petitioner a pre-emption right to a 
quantity of their land, in conformity with their agreement with 
him. Bu^ they were informed that such a reservation in behalf of 
the petitioner would be illegal, and could not be recognized by the 
said Commissioners. 

The chiefs of the Orchard party, being unable to fulfil their con- 
tract with Mr. Page, for the , reason above given, applied to the 
Governor, through Jacob Cornelius, their principal chief, for an 



NowMw] « 

extra allowance of money, to enaMe them to repay Mr. Page; and 
from the amount of money paid to them by order of the Go* 
▼emor, they did pay to the petitioner the sum of ono hundred and 
fifty dollars^ that being, as they alleged, all they could spare, the 
residue beiag scarcely sufficient to defray the expenses of their 
flitgration. Oae hundred and seventy-one dollars, as the :potitioner 
lepresents, now remains due him* 

Such are the facts in this case, as laid before the committee. — 
Are these farts corroborated 1 In the opinion of the committee they 
arc, and by the testimony wliich follows^ 

The petitioner is an acting magistrate in the town of Vernon, 
in the county of Oneida. Two of the members of the House of 
Assembly from that county have appeared before the committee, 
and both represent the petitioner to be a man of good ciiaracter 
and of reputed integrity. Thus fortified as a wittiess in the pre- 
mises, the petitioner has made an affidavit of the truth of his re- 
presentations. He is corroborated by the testimony of several in- 
dividuals of high respectability. 

Accompanying the petition are the certificates of Sands Higin- 
botham and Stephen S. Wilson These certificates show that the 
Indians admitted their indebtedness to the petitioner, and their 
promise to secure to him a pre-emption title to a lot of their land. 
Mr. Wilson testifies as to the sums of one hundred and fifty dol- 
lars, and of forty dollars herein before mentioned. Mr. Higin- 
botham testifies that '* Jacob Cornelius, the principal chief of the 
Orchard party of Oneida Indians told him a few days before the 
treaty," which was made by the Indians in February, 1884, that 
*'he intended £sq% Page should have a location: that the nation 
were under obligations to him: that he had let them have money 
at different times, the amount (Mr. Higinbotham says he) does 
not precisely remember; except the sum to defray the expense of 
their exploring party to Green Bay, which was one hundred and 
fifty dollars." 

In addition to these certificates the committee have received the 
oral testimony of Mr. Van Rensselaer, assistant Surveyor-Gene- 
ral; of colonel Denniston, who has for many years acted as the 
agent of the government in many of its negotiations and dealings 
with the Indians; and of Mr. Davis^^the missionary, now residing 
among them. 



Mr. Vat) ReniMlacr recollects that the petitioner* with one or 
more of the chiefs of the Orchard party of the Oneida Indiana^ 
Were in the office of the Sotveyor-Generaly in the month of Febju* 
ary last, the time wh^n that party of Indians concluded their treaty 
with the Commissioners of the Land-Ofltee: that the Indians then 
informed the Snrvey6r-6eneral that they w^re indebted to the pe* 
titioner for money borrowed of him, and requested that he might 
be guaranteed a pre-emption right to a lot of land, in the treaty 
then about to be formed. Col. Denniston was^ present at the for- 
mation of the treaty in February last, and went with Jacob Cor- 
nelius and the petitioner to the Governor to solicit his assent to 
the contract which Cornelius alleged, in the presence of all the 
parties, had been entered into between the chiefs of the Orchard par- 
ty and the petitioner. Mr. Davis testified that the chiefs informed 
him that they owed the petitioner between three and four hundred 
dollars, and that they had agreed to secure to him, by treaty, a 
pre-emption right to a location in their lands. The Grovernor also, 
of whom inquiry has been made, recollects the facts that one or 
more of the chiefs, together with Col. Denniston and the petitioner, 
called upon him and asked his consent to fulfil the contract with 
the petitioner, which the chief or chiefs then and there said was 
to secure to the petitioner, in the treaty, the pre-emption right to 
a location in the lands about to be sold and conveyed to the State. 

Assuming that the facts set forth by the petitioner are tme, the 
question arises, ought the prayer of the petitioner to be granted: 
or, in other words, can the State, upon the recognized principles 
of law or equity, be ^lled upon to aflirm the contract entered into 
between the petitioner and the Orchard party of the Oneida tribe 
of Indians ? 

The government of this State has for many years claimed and 
exercised a jurisdiction over all the tribes, nations or parties of 
Indians residing within its geographical boundaries. Nor has it 
stopped with jurisdiction only, for it has assumed a special guar- 
dianship over their property and persons. By an act of 1704, 
^Urustees were appoibted for the Indians residing within this State, 
for each and every tribe of them,'' with power to make agree- 
ments and arrangements with them, and providing that " every 
grant or conveyance to be obtained from any of the Indians should 
b^ to the uee of the people of this State/' 



Now M.] i 

By ^ubMqneDt statutes, persons have been prohibited (torn neU 
ting spirituous liquors to the Indians; suits are declared not main* 
tainable against them, and '^ all purchase of lands of Indians, wUh" 
out the consent of the State Legislature^^ are declared void, and 
in some cases a public offence. Many of these provisions are in* 
corporated in the Revised Statutes. Section 12, title 1, part 2^ 
chapter 1, provides that '^ no Indians residing within this State 
csn make any contract for or concerning the sale of any lands 
within this State, or in any manner give, sell, devise or otherwise 
dispose of any such lands, or any interest therein, without the 
tonsent of the Legislature.'^ 

There is nothing in these provisions, or in any other laws of 
this State, within the knowledge of the committee, that precludes 
the Indians from selling their lands '^ with the consent of the Le- 
gislature.'' On the contrary, it seems to be a necessary inference 
that they may make contracts for the sale of their lands, or their 
interest therein, which would be valid if sanctioned by the Legis- 
lature. A contra(ft of this character was contemplated by the pe- 
titioner and the chiefs of the Orchard party, in the case before us. 
It is admitted that the parties were in error respecting the authori- 
ty whose, approbation must be obtained, for they acted upon the sup*- 
position that the.Commissioners of the Land-Office, who were au- 
thorized to treat with the Indians for the purchase of their lands, 
were also empowered to stamp with validity any bona fide con- 
tract which they desired to execute. That power they were in- 
formed, rested in the Legislature. 

It certainly is a proper subject of inquiry, whether it comports 
with the principles of justice, for the State to exercise a guardtan- 
ihip over the Indians to such an extent as to prevent them from 
paying their just debts, especially when the payment of such debts 
cannot interfere with tlie rights of individuals or the State itself. 
To deny the prayer of the petitioner will be, in effect, precluding 
him from recovering what is justly due to him; and this injustice, 
it will be perceived, has been wrought by the direct operation of 
the laws of the State, assuming guardianship over the property 
of the Indians. In this view of the case, it may be made to ap- 
pear that the prayer of the petitioner oughi, upon the common 
principles of justice, to be granted. 



6 [SftNATE 

But if the claim of the petitioner apon its justice, shall not be 
regarded as well founded, there can be few, if any, doubts that it 
is well grounded in equity. 

If it was once the policy of the government of this State to make 
provision for the improvement and welfare of the Indians within its 
boundaries, a different object seems to have been in view in mo- 
dern legislation relative to them. That object has been their mi- 
gration. In order to induce them to dispose of their possessions, 
many facilities have been extended to them by acts of legislation. 
If it was proper for the State to lend them means to produce the 
desired result, it is difficult to discover any wrong in the act it- 
self, if an individual should accommodate them for precisely the 
same purpose. 

The loan by the petitioner, for which he asks remuneration, was 
made to the Indians to aid them in maturing their designs of leav- 
ing the State forever behind them. Some of the chiefs, more en- 
lightened than the rest, were of opinion that it would promotc'^ the 
interest and well-being of their tribes to exchange their residence 
to a region of country where the breezes of civilization will not 
pass too freely and so fatally through them. But it was no easy 
matter to unrobe the mass of the party of their attachments to 
their birth place, and their prejudices against all other places, with 
which, like their blankets, they had enwrapped themselves. Some- 
thing more than talk was necessary. Nor could the few who de- 
sired to migrate, do so and leave their brethren behind; for the 
Governor is only authorized to furnish the Indians with funds to 
to enable them to migrate, in cases *' where a sufficient numbcr^^ of 
the Indians are prepared for that purpose, '* to render it proper, 
in his opinion, that they should thus migrate." 

It was in consideration of this fact, that the chiefs found it neces- 
sary to influence many of their brethren and tribe to engage in the 
entcrprize. The deputations to Green Bay, and to the Six Nations, 
were the causes which produced in their consequences, a willing- 
ness on the part of a large number of the Indians, to sell their lands 
to the State, and remove out of it. It was the aid which the pe- 
titioner afforded to the Indians which, as he affirms, enabled them 
to come to such a determination. Mr. Higginbotham, in his cer- 
tificate, gives it as his *' opinion, that without assistance from some 
person, the Indians would not have emigrated very soon, and pro- 
bably not for a long time to come." 



No. 29-] 7 

The migration of that body of Indians who borrowed money of 
the petitioner, has been productice of pecuniary advantage to this 
State. By way of the treaty made with them in FcbVuary last, 
the State took possession of eight hundred and ninety-nine acres of 
their land, for which the treasury was charged with 612,346.84. 
This land has since been sold for tlie sum of $14,508. Thus, in 
addition to the advantage which may be supposed to accrue to the 
State by exchanging its Indian landholders for those who have 
breathed the atmosphere of civilization, there has also been deriv- 
ed the sum of $2,661, by reason of the negociations and loans which 
constitute the basis of the claim preferred by the petitioner. It 
seems to the committee that the claim, therefore, comes within the 
clearest rule of equity, and deserves the recognition and approba- 
tion of the Legislature. 

The committee have no particular veneration for legislative pre- 
cedents; yet they are not insensible to their influence. If such ex- ' 
am pies do not deserve to be followed, an absence of them is not 
unfrequently an argument against a measure proposed for legisla- 
tive adoption. There arc very many instances upon record, in 
which the Legislature of this State has sanctioned dealings with 
the Indians, of a character similar to those represented by the pe- 
titioner; and it appears to have been a common practice to legal- 
ize such transactions by granting letters patent, or pre-emption 
rights to such claimants. The case of John Gregg, is a strong case 
in this point of view, and it is one of recent date, the Jaw for his 
relief having passed in 1831. 

Believing that the petitioner is justly and equitably entitled to 
the favorable consideration of the Legislature^ the committee have 
instructed their chairman to introduce a bill. 



STATE OF NEW-YORK. 



No. 30. 



IN SENATE, 



January 31, 1835, 



wmm^mamm 



pirriTioN 

Of delegates from the southern tier of counties to a 
eoaveBtioQ held at Bath, in favor of a raii-road from 
Liake Erie to the city of New^York. 

T(9 ike SlBmrdUe ike Legislainre &f tke SiatB Q/Mw^Fork 

The petition of the subscribers, delegates from the southern 
counties in said State, at a convention held in Bath, Steubea 
county, on the 17 th day of December, 1884, 

&BWBCTP9LIiV SsBWBTH: 

That their hopes so long deferred of being favored ^th the fa- 
cilities of travel and transport on |i route through the southern 
counties to the commercia] metropdis of the State, are greatly 
encouraged by the recent survey provided for by your honorable 
body, for a rail-road Irom Lake Erie to the city of New- York. 

That they are informed that the line surveyed presets no im* 
portant physical obstacles, and that the grade throughout will per*' 
mit the advantageous use of locomotive engines, whh no stationa* 
ry power exceptmg on the slope near the shore of Lake Erie. 

They are assured, therefore, that the work can be aecomplished 
withoat extravagant expenditures; and they believe that, with the 
aid of your honorable body, eTtending to the southern counties 
advantages in some degree corresponding with those which have 
been conferred, by the funds and credit of the State and the wise 
and Itbend policy of the honorable Legislature at former periods, 

[Senate Na 80.] 1 



{n the more northerly counties, this undertaking may be speedily^ 
accomplished by the company wbicb has been incorporated and 
organized for that purpose. 

Your petitioners^ therefore, berieving that they may enjoy the- 
incstimable benefits of such a medium of travel and transport,, 
should your honorable body in thi» way exteinl to the southern^ 
counties such reasonable aid as in vrew of iheir eztent, their po» 
sition, and their interests and claims in relation to the rest of the 
State, shall be deemed suitable, appeal to the representatives and 
authorities of the commonwealth with confidence and hope, a» 
well as with earnest solicitude^ 

They feel that their present and future welfare depends essen* 
tially on the accomplishment of this work, and that they are 
bound, by every consideration of duty to the community of which 
they form a part, to themselves, and to their posterity, to urge 
their case on the attention of your honorable body, and to do their 
utmost to promote the object which they so anxiously desire. 

They deem the proposed work to be of vast importance to the 
State, to its growth, prosperity and strength; to its reputation; 
to the development of its resources; to the support of its' com* 
mercial capital; to the preservation and enlargement of its trade 
and intercourse with the lakes and western States; to its triumph 
over the obstacles of a northern climate, and its successful rival- 
ship with competition from other quarters. 

They believe it indispensable to the existing and permanent in- 
terests of the southern counties, it being the only practicable and 
adequate kind of improvement, as a medium of business and inter- 
course, which the nature of the counties will permit. It is their 
opinion that the execution •f this work will do more to increase 
the population^ wealth and resources of these counties, and more 
for their moral and social institutions, advantages and happiness, 
in ten years, than can otherwise be effected in a hundred. 

These counties, though not rivals of those north of them in the 
culture of wheat, are well adapted to other products of agricul- 
ture; are blessed with a salubrious climate, and are capable of 
sustaining a dense population. They contain an immense body of 
uncultivated land, which now is, and without the proposed work 
will continue to be, of little value; whereas, with this avenue to 



No. 80.] 3 

market, these lands would be taken up for cultivation; the lumber 
with which they abound would be rendered valuable, and all their 
products yield a rich return to the hand of industry. 

Your petitioners are animated by the cheering anticipation that 
this work would raise the southern counties to a degree of prospe- 
rity approaching to that of those adjacent to their northern border, 
which is so much admired and celebrated both at home and abroad, 
as having sprung like a new creation from the bounty and wisdom 
of the State, in the construciion of the Erie canal. 

Your petitioners are deeply impressed with the conviction that 
if the merits and claims of this undertaking are duly investigated 
and considered, it will commend itself to the confidence and favor 
of your honorable body; that a just estimate of its tendency and 
relations will show that it can injure no existing public interests; 
that it can never be superseded by any other public work; that 
every consideration, both of a public and fi local nature, urges its 
immediate execution; that more than half of the population of the 
State are directly interested in its execution, either as a winter or 
iummeT route; that the nature of the work, and the mode of its 
U9e and occupation, render it suitable to be performed and owned 
by a chartered company, while an interest in it on the part of the 
Slate is necessary, on account of the magnitude of the undertak- 
ing, the effect of such interest on the confidence of individual sub- 
scribers, and its bearing on the future security and harmony of 
the interests mutually of the citizens and the stockholders. 

With these views, desiring to render all the assistance in their 
power, individually and collectively, to the company which has 
been incorporated for the construction of this work, your petition- 
ers respectfully pray your honorable body to aid the object by a 
sobscription to the stock, or a loan of the credit of the State to 
the company, to the amount of two million of dollars, under such 
regulations as shall be deemed appropriate. 

And, as in duty bound, &c. 

STEPHEN B. LEONARD, 

President 
ISRAEL DAY, 
ALPHEUS HAWLEY, 

Vice^Presidenti. 
h. w. roobbs, 
Anson Gibbs, 

fltseritertsi. 



[Senatv 



DELEGATES. 



Walter Smith, 
Walter Chester, 
James Stratton, » 
Samuel Harvey, 
Timothy P. Guy, 
C. S. Shepard, 
Daniel Hartwell, 
Ira Smith, 
Jonathan Nobles, 
John B. Coolcy, 
George Stevens^ 
John G. Collins, 
Alexander S. Diven, 
Jesse Angel, 
Richard Charles, 
Robert Haight, 
William P. Angel, 
David Ward, 
Jdhn Arnot, 
Henry McCormick, 
Jan\es Manderson, 
George McClurc, 
Willinm J. Ncally, 
William D. Knox, 
Chauncey Hoflman, 
James Baldwin, 
Daniel Gorton, 
David Edwards, 
Stephen Towsley, 
Anson Cook, 
William Card, 
Isaac Santec, 
Andrew B. Dickinson, 
William Stevens, 



Samuel Patridge, 
Levi J. Cooley, 
Francis Smith, 
William W. McCay, 
William S. Hubbcll, 
William Kernan, 
Henry A. Townsend^ 
Ira C. Clark, 
William Woods, 
David McMaster, 
Joseph G. Mastan, 
William Goff, 
Ira Davenport, 
John R. Ganseroort, 
John E. Evans, 
Levi Davis, 
Henry S. Williams, 
John Magee, 
George C. Edwards, 
Henry Switzer, 
John W. Whiting, 
Paul C. Cook, 
Aaron W. Beach, 
Seth Wheeler, 
Johnson N. Reynolds, 
Burrage Rice, 
William Baker, 
Peter Disbrow, 
John Dow, 
William H. Lybolt, 
Maihew McDowell, 
Andrew G. Chatfield, 
Thcodorus Titus, 
James MoBurney. 



STATE OF NEW-YORK. 



No. 31. 



IN SENATE, 



February % 1835. 



REPORT 

Of the 'CbubI Board on fhe memorial of the Mohawk 

and findaon rail-road company. 

t!A2f AL Rodiff, CoMMsoi.Liea*8 Orstds, ) 
JUbany, Janmagy SO, HfU. \ 

TO THE SENATE, 

TFhe oMinoriil of the 3f obawk and HucboB raiUroad company 
baving been jreferred, by ibe Senate^ to the Caokl Board, |be fol- 
lowing report thereon ii re«pec^ful^ tabaiitted: 

The memorialiiUi represent that they find great inconTenienoe 
in the present mode of transhipment to and from the canal at the 
city c»f Schenectady, and are desirous of obviating the same by 
the construction of a basin between the Erie canal and their rail* 
road, near its termination in the city of Schenectady : That they 
had submitted the plan of the proposed basin to ihe acting Com* 
missioaers, and they and the Canal Board declined granting the 
request, leaving the memorialists to present their application to 
the Legislature. 

The memorialists also represent, that by the charter granted 
Aem by the Legislature in 185MI, they are authorized to transport 
over said rpad, property as well as persons, with a proviso limi- 
ting the cost of transporting property to an amount not exceeding 
the charges at that time received for like transportation on the 
Brie canal: And that in constructing the road to answer the pttr> 

[Senate No. ai.] 1 



poses contemplated by«thc charter, they have expended nearly one 
miUion of dollars: And that at the last session of the Legislature^ 
a virtaal increase of capital was gtvett of 9350,000, in order to 
enable them to avail themselves of that portion of their chartered 
rights which authorizes the compaiiy to transport property upon* 
the rail-road. 

It is urged in the memorial, ^ that the facilities afforded by 
the basin and the rail-road, would greatly expedite the intercourse 
between the Hudson^ and the western country, saving one-fifth of 
the time usually consumed in making the voyi^ between Albany 
and Buffalo^ and thereby iqcreasing the annual amount of the 
transportation, and- the canal revenues derived therefrom/* 

In 1829, when the charter for the Mohawk and Hudson rail- 
road company was granted, the privilege of transporting property 
upon this road was expressly given, although it must have been 
obvious to the members of the Legislature, that the property pas* 
sing over the road wouldt to a great extent, be withdrawn from 
the trade of the eanals^ 

The company having obtafned from a former Legislature, the 
right of transporting property upon the rail^^road, the ciuestioD ia 
narrowed down to the single point whether this company, with 
the right to carry merchandise lo, and bring produce from Scbenec* 
tady, shall be permitted at the expense of the corporation^ to construct 
a basin to facilitate their o^Vn operations, and rcKeve the canal 
from the crowd of boats at the point where goodi are tf«iishtp«» 
ped from the rftil-rbadt 

The Canal Cemmtssioners are ackthovize4 by section 1T7, p. 24%^ 
I Revised Statutes, to allow basins and watering places along the 
line of the ciinal to be oonslructed, subject, however, at ail tiasee 
to their control. 

The application for a basin by the Hudson and Mohawk rail- 
road comptthyt for the avowed purpose of facilitating the transfer 
of property from the canal to the railroad, whereby the canel 
revenues would be deprive of the toll upon the articles tfuia 
tranifbnued, upon thirty miles of the Erie canal, presealed e i|ues« 
tion of so HMkch importaaoe to the interests of the State^ that the 
Commissioiietv^ efter eonselting with the ethet meoibert of the 
Canal Board, declined granting the request, frotti a eoevioCijoo 



He. SI.] • « 

ihai a measure of this importance ought not to be adopted by the 
Coouniasioners without the distinct sanction of the Legislature- 

The construction of a spacious basin at Schehectady where the 
canal is often crowded with boats, would essentially contribute to 
the convenience of those who navigate the canal, although it 
might to some extent increase the quantity of goods to h^ with- 
drawn from the canal and carried over the rail-road. 

The collector of canaJ tolls at Schenectady during the last sea- 
son of navigation, kept an account of the property taken from the 
canal to the rail-road, and also of the merchandise and other pro- 
perty, ^»hich passed over the rail-road from Albany to Sche- 
nectady, and which was cleared at the collector's office for the 
west . 

It appears from the statement of the collector, that the articles 
carried from Albany to Schenectady, on the rail-road, amounted 
to 1,891 tons, of which 1,413 tons were merchandize. 

The following articles arrived at Schenectady, on the Brie ca- 
nal, and passed over the raiUroad, in the year 1834, viz: 

Domestic spirits, •. ••... 74,414 gallons. 

Staves, •••••• 76,640 in number. 

Flour, \ • 73,178 barrels. 

Provisions, 673 '< 

Ashes, 036 

Cider, .•.•«^ « 14 <' 

Dried fruit,... «•••• .« #..•• 1,770 pounds. 

Wood,.... ..k.. * 2U cords. 

PoUtoes,.... 1,280 bushels. 

Clever and grass seed, . * • . % • ••• 61,014 pounds. 

Flaxseed, 6t«74 

Wool, Ilr471 " 

Cheese, 4,271 « 

Butter and lard, 11,571 

Hops, 10,127 

Hemp, 6,762 ** 

Tobacco 21,660 " 

Furs and peltry, 04,153 '' 

Merchandize, ^ 2,608 

Furniture, 18,243 " 

Bar and pig lead, 10,000 '' 

Sundries, 182,066 



c« 



4 [StlTATil 

The amount of toll which would have been paid to the State, 
upon this property, if it had passed upon the canal between Albany 
and Schenectady, would have been as follows, viz: 

On the down freight, •« •• #803 84 

On the up freight, . • • • > » 004 51 

Total ..•• •1.206 6b 



The remonstrance of John Brown, of Schenectady, which has 
been referred to the Canal Board, in connection with the memorial 
of the Mohawk and Hudson rail road company, does not appear to 
have any connection with the application of the company for a ba- 
sin at the junction of the road with the Erie canal. The com- 
plaint of Mr. Brown seems to be directed against an ** alteration 
of the route of the rail-road, so as to divert the present road as 
well frotn his land, as from the Mohawk bridge, over which it now 
passes, and by a longer and more circuitous route, ooosiruci -the 
road below the Mohawk bridge, and make it necessary to build a 
new bridge over the Mohawk river, to the great prejudice of the 
said memorialist and others." Mr. Brown seems to have supposed 
that the company had applied to the Legislature for power to make 
the changes alluded to, under a general notice, in the same advet- 
tisement, in which notice is given for authority to construct a ba- 
sin. 



If the Canal Board have rightly understood the bearing of the 
remonstrance of Mr. Brown, he desires to guard his interests 
against an application of the company, under the general clause in 
their notice, for permission to niter the route of their road, and 
change the place of crossing the Mohawk river. If this is so, any 
further examination of the contents of the remonstrance, on the 
part of the Board, would bo superfluous. 

Respectfully submitted. 

A. C. FLAGG, 
JOH i A. DIX, 
MICHAEL HOFFMAN, 
WM. C. BOUCK, 
JONAS EARLL, Junior. 



STATE OF NEW-YORK. 



tatmmmmim^» 



No. 32^ 



IN SENATE. 



February 5» 1^35. 



REPORT 

Of die jeint eemmittee i^pointed to exftmme tbe Trea*^ 

flurer'g accounts* 

Tlie joint committee appointed to examine the acooontg of the 
Treasurer, by a concurrent resolution of both Houkes^f the Le* 
gislttiire> in pursuance of the Revised Statutes^ 

That from a careful examination of the Treasurei^s books it ap* 
pean there have been paid into the treastry, froni all sources, du* 
ring the isoal year ending .on the Slst of October last, #2^496,989 • 
M. That the Mlanoe in the treasury on the first day of October, 
1833, was #86,709. 1(^ making the total amount to be accounted 
for n,«lS,7Sl .Ml 

The amount paid out by the Treasurer, on warrants from the 
Comptroller, during the .same fiscal year, is $2,408,813.21, which 
being deducted from the former leaves a balance in the treasury 
on the first of October last of #48,918. la 

On examining the books of the Commercial bank 6t Albany there 
appears to be a balance of #1,309.68, which has been duly ac- 
counted for by drafts made by the Comptroller and Treasurer not 
then presented. And the amount in the Manhattan bank, uncerti- 
fied, is #31«.6#L 

The uncorrent bank bills in the treasury, included within the 
above estimate, on the first day of October^ 1883, lUnotmted to 
[Senate No. .82.] I 



•779. 06r. There has been paid by the receiver of the Middle 
District bank 8271.88, during the last year, leaving a balance oa 
hand of uncurrent bank bills amounting to the sum of f5Q7.18» 

Your committee also, (at the special request of the Comptroller, 
it not being within their province,) examined the accounts and 
vouchers, as far as time would permit, of the Canal Board, under 
the imntediate charge of the deputy Comptroller, (Mr. Newell,) 
and express their entire satisfaction therewith. There seems, in 
our opinion, only ono thing we can«8uggest, which will give addi* 
tional security against frauds in the immense accounts of expendi* 
turcs by the canal superintendents, their foremen or agents. That 
is to compel them to swear to their accounts officially returned to 
the Canal Board, and to file a copy thereof, and of the oath, in the 
office of the clerk of the county in which the services were per«- 
formed: and to make malicious false swearing therein, and any 
fraud or collusion in their accounts, punishable as a misdemeand)r, 
by fine and imprisonment. 

Your committee, in the dourse of their investigation, (although, 
from a literal construction of the act under which they were ap* 
pointed^ it may not be considered as strictly within their province 
to go further th^n the examination of the treasury, the warrants of 
Comptroller, and the authority under which they were drawn,) 
have carefully examined the various and numerous vouchers pre-- 
sented to the Comptroller for hia sanction : among i^^hich the most 
prominent cases are, 

1. The payment of the various executive officers, from the Go* 
vernor dowii: 

2. The expenses of the two branches of the Legislature: 

3. The payments to the judiciary and the court for the correo* 
tion of errors: 

4. The annual appropriation to the State library: 
5.. The Commissary-General's department: 

6. The Indian agencies, (including the payment of the Orchard 
party of the Oneida Indians, who have removed to Green Bay:) 

7. The expenses of the Capitol park; (finished:) 

8. The expenses of the new State buildings; (unfinisbed:) 

9. The expenses of general courts martial : 

10. The Canal fund and its investments: 

11. The Bank fund and its investments: 



IS. The New-York and Central asylums for the deaf and dumb: 
18. The Common School fund: 

14. The Literature fund: 

15. The State printing. 

Your committee could, were It necessary, enter into a detailed 
statement of the above mentioned accounts and funds, their seve* 
nl amounts, and the vouchers for the payment thereof; but inas- 
mnch as they will be respectively reported and explained by the 
^cers who have them in charge, it would savor of supererogation 
to introduce them, and docs not fall within the intent for which the 
committee veas raised* We will, therefore, merely state that we 
£nd the various drafts from the treasury properly founded on war- 
rants from the Comptroller: and that the Comptroller's warrants 
therefor have been supported by vouchers, and authorized by law. 

We will also add that, in the course of our examination wc have 
been highly gratified with the accuracy, the neatness, the general 
accountability and conscious rectitude which pervades the several 
departments visited by us, as well as the urbanity and prompt as- 
sistance rendered by the public officers to the committee, in the 
course of our investigation. 

After having thus fulfilled the duty which the Revised Statutes 
have imposed upon the committee, perhaps we may be considered 
ts trespassing on the time and province of the Legislature by the 
following remarks. 

In looking over the Commissary-General's department, we find 
a continued increased expense without, in our opinion, an ade- 
quate canse; and some of them like the following: ^* forty dollars 
for hardware," without any specification as to the kind of hard- 
ware, and without accounting for the use thereof,' appear to us too 
general. Other accounts, similar in their kind, have also been 
paid, which the confidence the Comptroller had in the public offi- 
cer or person presenting them induced him to pass, and your corn- 
suttee presume are in reality perfectly correct; but we conceive the 
precedent dangerous, and one in all cases to be avoided. The ex- 
pense of this department was in 1830, #5,424; in 1881, 88,781.81; 
ml88S, 86,207.40; in 1883, 89,461.45; in 1884, $9,946.60. 

The expenses of the Licgislature, by the astonishing increase of 
printing, extra engrossing, extra clerk's fees, stationary and books, 



4 {8 

have sweHed almost beyond credence^ Aui the membePB of tbe^ 
Legislature, to whom this report will be made, are requested ta 
compare the expenses of the Fast with other Legislatures that have 
preceded it, when the wages of the mend>er9 were the same*. 

One other and most alarming increase of expenditure, and which 
is the subject of frequent remark, is the contingent expenses' of 
each separate branch of the Legislature. That some latitude 
should be allowed in those eases is a necessary consequent to their 
nature. But that a simple resolution of one branch of the Legfs^ 
lature should be sofBcient to draw from the treasury, ander the 
name and appropriation of ^ a contingent expense,** largo sums of 
money, which neither the constitution nor legislative enactn>ent 
authorizes, sanctions the prineiple that one branch can, under thi» 
construction, obtain indirectly what, if it required the sanction of 
law, might be refused^ A strife and rivalry might bet excited be* 
t^WQ^n the difiereni Houses^ which woi^d tend either U> a violation 
of law and of the constitution, or to the embarrassment of the 
Comptroller in the execution of his duty. We suggest a cgse for 
iUv^tration Suppose a bill should pass one branch, of the Legiila* 
ture, giving to each n>ember a set of the Revised Statute^t which 
should be rejected in the other: if, by a resolution of that branch 
paasing it, eaci^ member ttbereof could be supplied witb ii copy,, the 
efibct would be as we have before 9^ggested* It ^'iU veadily bt 
perceived thai unlcsa each braecb eonfinea itaelf and ita axpeias^ 
to the exact provisions of the law; and unless the law itaetf defines^ 
with as much precison as possible, the nature and extent of ** con- 
tingent expensens^*' this constructive power may be extended so 
as to equal if not exceed, in its drafts on our treasury, every other 
department of government. From one book it may be extended 
to a library, &c. 

Your committee^ in these renMrks, do not mean to atfiribota 
any want of correolnesa to o«ur Legi^tuve, ov firnrmessi»o«ir pub* 
lie officers in resisting encroacbmeAts. Theeondoctiof both«aiid aH 
has been sanctioned by law, resolution or precedent: but aatiiia 
t» an important and deeply interesting subject; and as these e» 
penditurea are ooBtinuaity and rapidly tncieaamg', (never lusaaa 
ing;) and one oatravaganee only leads and pave» the wtay to 
another, we concive it our duty to submit these remarks, (with- 
out exempting ourselves from the application of the maxim ^^ pari 
dalictUy**) to the serious consideration of the LegMature. 



No. SS.] 5 

Your committee will hazard an additional remark, that in their 
exaniioationof the accounts and pay rolls of the several members 
of the court for the correction of errors, with scarcely an excep- 
tiod, there appears to have been a constant and punctual attend- 
ance of the several members thereof during the whole term; and 
yet, unaccountable, and indeed anomalous as it may seem, it ap- 
pears, from the records of the court, that on the final decision of 
manv cases a sufficient number of members who have heard the 
cause, and are competent to vote thereon, can Scarcely, (and in 
some cases not at all,) be found. 

The Legislature will excuse us in making the above several 
statements and suggestions. Although not strictly wiihin the let- 
ter, we may indulge the hope that, with ** an empty treasury" in 
▼lew, they are not without the spirit of the statute. At all events, 
as citizens deeply interested in the prosperity of our country, we 
trust our suggestions may not be considered disrespectful nor imper- 
tinent; and that the Legislature will, if in their opinion the several 
matters referred to require an investigation and legislative enact- 
ment, provide a remedy. 

• 

The committee, in conclusion, beg leave to recommend an ex^ 
tension, by law, of the powers of tfie examining committee, so as 
to embrace every subject which may come, directly or indirectly, 
within the financial department of the State, including the Canal 
tad Bank funds, and their investments, &c« &c. &c. 



JObmy^ Dec. 24, 1834 



MTM. L DODGE, 
OLIVER R. STRONG, 
JOSEPH H. ANDERSON. 



STATE OP NEW-YORK. 



No. dSi. 



IN SENATE, 



February 4, 1835. 



REPORT 

Of the committee on claims, on the bill firom the As- 
sembly entitled ** An act for the relief Samuel S. 
Lush." 

Mr. Tracy, from the committee on claims, to which was re* 
ferred the bill from the Assembly, entitled '* An act for the relief 
iA Samuel S. Lush,'^ 

REPORTED: 

That all the materid facts of the case are found in the report 
of the Commissioners of the Land-Office, made to the Assembly 
on the 18th day of January last, and from which the committee 
make the following extracts: 

" It appears by the books in the public offices, as represented by 
the petitioner, that he purchased at a sale of lands, held hy the Sur- 
veyor-General, lot No. 313, of township No. 1 1, Old Military tract, 
io the county of Essex; and on the 11th day of December, 1805, 
the petitioner paid into the treasury the sum of |63, having previ- 
ously paid $10 on making the purchase, being a total of 978 paid 
for the lot On the 11th day of September, 1800, a patent was 
granted to him for the said lot No. 312, which lot was represent- 
ed in the patent, as containing, exclusive of water, 107 acres. — 
Two lots were granted to the petitioner in the same patent, viz: 
Numbers 286 and 312, on condition, as set forth in the patent, 
' that within the term of seven years, to be computed from the 
first day of January next, ensuing the date hereof, (Sept 11, 1806,) 
there shall be one actual settlement made on the hereby granted 

[Senate No. 83.] 1 



2 [SETfAftei 

irremises/ otherwise the letters patent, and the estate therebjr 
granted, become Toid. It is not known, whether or not, the peti^^ 
lioner complied with this condition in the grant; but it is supposed 
he did not, and subsequent laws were passed, releasing these and 
other lands from forfeiture* See reference to these law», p, 34T 
Senate Journal of 1820. 

^* The lot in question^ No. 312, is- represented in Tbomas* survey,, 
made in 1804, as being' partly covered with the waters of Piacidcr 
lake; the number of acres thus covered, as near as could be ascer- 
tained from the original map, at the time of the sale, was fifly-threer 
acres. In 1833,- John Richards was employed to re-survey town* 
ship No. II, and from the survey and map made by him, and filed 
in the Surveyor-GeueraFs office, it appears that tot No. 312 is co» 
vered with the waters of the Placide lake, excepting about 30 acreffp 
there being 77 acres less of land thaa the quantity patented to the 
petitioner, and paid for by him. 

*^ For this deficieDcy^ he presents a claim i^inst the State, of 
•52.53, for principal paid in 1805, and the interest on this Sum> at 
7 per cent, for twenty-nine years, making a total of •158.32. 

^ Assuming that Thorn's map is erroneous, that Placide lake is not 
truly delineated upon it, and this is clearly shown by the new sur- 
vey of the township, made in 1832, it would seem to be just, that 
the petitioner should have the 77 acres, which appear to be cover* 
ed with water, made up to himr.'' 

^ From the foregoing facts, it is established, beyond reasonabler 
doubt, that the officera acting for |he State in selling, and the peti* 
tioner in purchasing lot No. 312, supposed it to contain one hun^* 
dred and seven acres. Both parties naturally confided in the ac- 
curacy of the original survey and map, and both were deceived by 
it In ordinary cases where land is conveyed by metes and boundsy 
or even without metes and bounds, bcrt by some general and intel- 
ligible description, the party conveying, if he act in good faith, 
that is, without wilful misrepresentation or concealment, is not 
responsible that the quantity shall correspond with thai represent- 
ed in the conveyance, except he expressly covenant to that efTect. 
This rule, though its application in some cases is severe, seems, 
on the whole, sufficiently just, especially as it is reciprocal in its 
operation, the purchaser standing an equal chance to get a greater 
or a less quantity than that represented in the conveyance. At 
any rate, the rule is a settled one ; and its application to cases 



No. n.} 3 

where the State is a party to the conveyance, ii as fair and just as 
in esses between individaals. . 

But in the present case there are circumstances which, in the 
opinion of the committee, seem so take it out of tlie operation of 
the rule. The lot in question is bounded by lake Placide, as was 
known to both parties at the time of the sale; and the possibility 
that from this cause the quantity of land might not be exactly as- 
certained, seems to have entered into consideration in making the 
contract At least, the committee cannot otherwise account for 
the introduction into the patent of the unusual expression '* exclu- 
me of water/' unless it were intended for an assurance that there 
was the quantity of land named in the patent, exclusive of the 
land covered by the waters of the lake. It is true that this ex- 
pression cannot be construed to be such a covenant, that an action 
could be maintained in a court of common law to recover damages 
for a breach of it; but the committee are inclined to the opinion, 
that it amounts to a representation so fitted to mislead a contract- 
ing party, that were it a transaction between individuals, the suf- 
fering party might find redress in a court of equity It is true, it 
may be said, that had there proved to be a greater quantity of land 
in the lot than is stated in the patent, the petitioner would have 
held it without paying an additional price; but this consideration 
does not afiect his present claim to indemnity, if the committee is 
right in construing the expression in the patent to amount to an af- 
firmation, that there was in the lot at least one hundred snd seven 
acres, exclusive of land covered by the waters of the lake. The 
expression used is peculiar, and is believed to be altogether unusu- 
al. It was intended to mean and does mean something, and the 
committee are unable to find for it any satisfactory meaning except 
that assigned. If this, then, is the meaning, there seems no reason 
to doubt, that if it were a transaction between individuals, equity 
and good conscience would require the party to refund who had 
received pay for what he had not sold. The rule of justice can- 
not be any diflferent in its application to the State; and the com- 
mittee therefore report in favor of the passage of the bill, repeat- 
ing, however, that they are led to this conclusion, wholly by the 
particular expression in the patent, to which they have so often re- 
ferred. 



STATE 07 NEW-YORK. 



No, 34. 



IN SENATE, 



February 5, 1835. 



REPORT 

Of the c<Hnmittee on canals, on the petition of Wil- 
liam Buell. 

Mr. Armstrongf from the committee on canals, to which was re- 
ferred the petition of William Buell, 

REPORTED: 

The petitioner represents, that during the year 1831 he was a 
superintendent of repairs on the Erie canal, on the line extending 
from Medina to Buffalo: that as such superintendent, he was di- 
rected by the acting Commissioner, under an order of the Canal 
Board, to construct a raceway to carry the water round the locks 
from the upper to the lower level at Lockport: that in the execu- 
tion of the said order, he was resisted by persons claiming title to 
the land upon which he was constructing the said raceway: that he 
and the workmen in his employ were several times arrested and 
committed to prison, by virtue of process issued by a justice of the 
peace: that in consequence of such arrest and imprisonment, the 
work was hindered and delayed: that under these circumstances, 
he commenced several suits against the persons who, as he believ- 
ed at the time, had unlawfully arrested and imprisoned him: that 
in consequence thereof, he has been subjected to costs and expen- 
ses, for which, he believes he is entitled to an indemnity: and that 
he is advised by the Commissioners of the Canal Fund, that by the 
existing laws they cannot afford him any relief. He therefore 
prays that a law may be passed, authorizing the Commissioners of 

[Senate No. 84.} 1 



9 [ASSBMBLY 

the Canal Fund to audit and pay the costs and expenses that he 
has been subjected to in consequence of the said suits. 

• 

The claim of the petitioner was presented to the last House of 
Assembly, and referred to the Commissioners of the Canal Fund. 
Their report thereon will be found in the Assembly Documents, 
vol. 4, No. 318, to which your committee beg leave to refer. 

The committee are satisfied that the petitioner acted in good 
faith in the discharge of his duties, and that the principal, if not 
the only object he had in view in commencing suits, was to dis- 
courage and prevent the unprecedented opposition that was then 
made to the progress of the work; and that he is equitably entitled 
to relief, and have directed their chairman to ask leave to intro- 
duce a bill. 



STATE OF NEW-YORK. 



No. 35. 



IN SENATE, 



February 7, 1835. 



RESOLUTION 

To amend the Constitution. 

" Re$ohedj That the following amendment to the Constitution 
of this State be proposed, and referred to the Legislature next to 
be chosen; and that the Secretary of State cause the same to be 
published in one newspaper in each of the counties of this State, 
if there be one printed therein, for three months previous to the 
next annual election, in pursuance of the provisions of the first 
aection of the eighth article of the said Constitution." 

When a sufficient sum shall have been collected from the reve- 
nues of the Canal Fund for the payment of the interest, and the 
reimbursement of the principal sums borrowed for making the na- 
vigable communications between the great western and northern 
lakes and the Atlantic ocean, so much of the tenth section of the 
seventh article of the Constitution of this State as relates to the 
rates of toll to be levied and collected on the said navigable com- 
munications, and the appropriation of the revenues of the Canal 
Fund, shall cease and determine. And the tolls and revenue there- 
after arising from said Canal Fund, together with the other reve- 
nues of the State, shall constitute the General Fund, to be appro- 
priated in such manner as the Legislature shall direct 



[Senate No. M.] I 



STATE OF NEW-YORK. 



No. 36. 



IN SENATE, 



February 7, 1835. 



COMMUNICATION 



From the Comptroller, tranfimittlng the reports of the 
Bank of Rochester and the Long-Iskind Bank. 

CoMPTHOtLES's OfFICB, ) 

JilbeMy, Feb. 7, 16S6. { 

To THE President of the Senate, 
SIR— 

In obedience to a resolution of the Senate of the 4 th in* 
itanty I transmit herewith, a statement of the funds and property 
of the Bank of Rochester, made on the 2d of Sept. 1634; and a 
statement of the condition of the Long Island Bank, at Brooklyn, 
OD the 17tb of January, 1835. 

I am, with great respect, 

Your ob,t. senrant, 

A. C. FLAOO. 



[Senato No. se.] 



STATEMENT 

Of the funds and property of the Bank of Rochester, 

September 2, 1834* 

Capital stock subscribed and paid, . • • • • 9250 ,000 00 

Due depositors, viz: 

Commissioners of Canal Fund, 9152,792 02 

Treasury of State of New- York,... 16,791 74 

Bank of Orleans, 10,000 00 

Rail-Road Company, 10,926 00 

Individuals, &c 63,082 00 

9252,591 75 

Office notes in circulation, • • . . . 3G0.,582 00 

Banking house and lot, 10,812 00 

Due Bank of Rochester in deposite at Albany and 

New-York, 84,421 68 

Discounted bills and securities, • 765 , 452 04 

Notes of solvent banks on hand, 22,377 00 

Specie in vault^ ••• •• •••,. 18,188 58 

STATE OP NEW-YORK, ) ^^ 
Monroe County^ \ 

Frederick Bushncll, President of the Bank ofRochester, and James 
Seymour, cashier of said bank, being duly sworn, do severally, and 
each for himself, depose and say, that the within statement of the 
funds and property of the Bank of Rochester, as the same existed 
on the 2d day of September last, is, in all respects, true; and that 
the said statement contains a true account of the funds and pro- 
perty of the said Bank of Rochester, on the said 2d day of Sep- 
tember last, to the best of the knowledge and belief of the depo- 
nents. 

FREDERICK BUSHNELL, 
JAMES SEYMOUR. 

Sworn and subscribed before me, 
this 8th day of October, 1834. 

6. H. MVMFORD, 

Com. of Dud9. 



[SCMAta 



STATEMENT 

Of the funds and property of the Long-Island Bank. 

Long-Island Bank, Brooklyn, Januaxy ITth, 1835. 

DR. 

Notes discounted, and loans, • f768|760 76 

Dae from the Phenix Bank in the city of New- 
York, ' 01,160 20 

Checks and notes of other banks,..*..* • 88,100 74 

Specie in the vault, 87,602 48 

Real estate, • 10,000 00 

Tax, salaries, and other expenses, 3,976 84 

•949,610 11 



CR. 

Capital stock, • % $300,000 00 

Surplus fund, 73,946 90 

Discounts and interest received, • 22, 878 99 

Dividends, 1,968 25 

Notes in circulation, 191,190 00 

Due to the Brooklyn Savings Bank, 52,571 20 

Due to other banks,.. ;... 29,322 62 

Deposites, 277,732 15 

•949,610 11 



STATE OF NEW-YORK, ) ,^ 
Kings County^ ) 

LefTert Leflferts, the President of 
the Long Island Bank, and Daniel Emberry, the cashier thereof, 
being duly sworn, severally deposed and said, that the foregoing 
return contains a true account of the affairs of the said bank, to 
best of their knovirledge and belief. 

L. LEPFERTS, PresU. 
D. EMBERRY, Cashier. 
Sworn to, before me, > 
Jan. 27, 1835. ) 
JosBPB Dban, 

Cbm. of Duds in and for SSmgs eo. 



STATE OP NEW-YORK. 



No. 37. 



IN SENATE, 



February 9, 1835. . 



REPORT 

Of the committee on claims, on the petition of Enos 

Stone. 

Mr. Tracy, from the committee on claims, to which was refer*, 
ted the petition of Enos Stone, of Rochester, praying to be reliev* 
ed from a judgment recovered against him as surety for Corne- 
lias A. Van Slycit, late collector of tolls on the Erie canal, 

« 

REPORTED: 

That this case was presented to the Legislature at its last ses- 
sion, and referred to the committee on claims, of the Assembly, a 
majority of which committee reported against, and a minority of 
said committee in favor of the prayer of the petitioner; to which 
reports, numbered 116 and 121 of the Assembly Documents of 
1834, this committee beg leave to refer, as containing all the facts 
of the case necessary for its full understanding by the Senate.*- 
This committee also report, that it concurs fully in the conclusion 
of the majority of said committee on claims, that the Legislature 
ought not to discharge the petitioner and his co-sureties from the 
said judgment, and will add to the reasons given by said majori- 
ty for their conclusion, the opinion, that as said judgment belongs 
to the Canal Fond, which is under a constitutional pledge, it is 
doubtful if the Legislature could discharge it without providing 
for the payment of a corresponding amount to said fund from the 
State Treasury. 

The committee further report, that the petitioner represents he 
is advised by counsel, and verily believes, the judgment rendered 
[Senate No. 87.] I 



9 [Sbnav^ 

against him by the supreme court to be contrary to law; but that 
he is prevented from bringing a writ of error, for the purpose or 
having said judgment reviewed in the court of last resort, by the 
provision of the Revised Statutes which requires the plaintiff in a 
writ of error to give security for the payment of the judgment in case 
of its affirmance, which provision he is unable to comply with, be- 
cause the amount of said judgment far exceeds the whole value of his 
estate; Under these circumstances, the committee, believing that 
the legal principles on which said judgment of the supreme court 
was pronounced, are important, and to afford a reasonable ground 
for contestation by the party affected by them, have deemed it li* 
beral and fair to afford the petitioner an opportunity to bring a 
writ of error on the same, without compelling that security for 
the payment of the judgment, in case of its affirmance, which ia 
obviously beyond his power to obtain^ For this end» the commit<» 
tee ask leave to introduce a bilL 



STATE OF NEW-YORK. 



Bfo. 38. 



• 



IN SENATE, 



Februaiy 7, 1835. 



* • • • ' '. 

• • • « 

Of Use committee on fiiiBQce^ on ao mncjx qf the Go* 
vernDr'fl message as relates to the fioanoes of the 
SMate. 

Mr. Tan Schaick, from die committee on finance, to whom wai 
referred so much of the Governor*! message as relates to the 
finances of the State, * 

REPORTED: 

That, doriqg the fiscal year« the disbursements of the treasury, 
were. 

For the salariea of the officers of govemmeiit, and of 
the judges of the courts of equity and justice, and 
for the clerk hire of the various departments, and 

for contingent expenses,^. ••«•••••• » 953,336 45 

Pay of the members of the Iiegislature^. •%••••.••• 84,331 52 
Pay of members at the extra sessions of the court 
for the correction of errors, «•••• 16,450 80 

•154,12p 97 
Defideacioe in the revenues of the Cayuga and Se- 
neca, the Crooked Lake, Oswego and Chemung 
canals, to pay their expenses and extra aUowati* « 

M,*«.^*.. .«..«.... •0S,881 16 

Transportation of col^victs to the State Prisons fi-om 
the places qf conviction,.. •....••••... •••••• 9,536 60 



■rita 



. Carried ficMniriM, •• * 9 

[Senate No, SO.] 1 



Broogbl forward, •^•^r ••-•••— • 

Indian annoifiet andf expense^ • » * • .^ »« r « ^^ njSll M 

Apprebeavioo oC criminals and fagifive» from justice, SySM OS^ 
Brigade and division inspectors^ ^ » » • • • • MySO^^ 0& 

€oromissary*s department, ••••»» 9,949 60 

Courts of ioqiairy an^iiaiirt^nMtfliaiy ..« Sst49 50 

Erection of gun honseff, ••.. 690 00 

Keep<Nr of itfseni^, * ,*.*•...• 225 00 

n,6W 10 

Support and instmction of indigent deaf and dumb 

pupils,* »•«•• ••»,,*• ••• ^.....i. 12,194 SO 

Interest on the Stale dd»t, ^ 98,246 60 

Postages of ofliciol tetters, « *r^p * 9^2^6 67 

Printing for the State^ ...^ ' 22,569 0ft 

State MM*vf7,**...« •«•«•*,••»«.••»••••«.»•« 1,!9M 8S 

Bounties on KNiDg wofres; •••••••«••;•••••«••••« ^ lyMO 00 

Assessments, repairs of Capitoly sonrey of landsy Ac .M^ ^ 

#9M^M» 12 



* 



SpCCUU MppiVp9 UittOiHSm 

On account of the State Hal! on Capi- 
tol square, •• 041,560 10 

Purchase of Indian lands^ •••••• « 18,668 80 

Surveys of roads, canals, &c. ••..,«••• 12,684 08 

«7,9I9 SO 

Eye Infirmary, New-York, 1,000 00 

Institution for the deaf and dumb, ..... 5^000 00 
Commissionen to examine the State Pri- 
sons, •••••••••• • 482 ifO 

ICessengers, witnesses in suits, counsel 

fees, Ac &c....... 2,028 48 

8,688 99 

Tor the year ending September 80, 1884^... 0152,688 64 



JB rta aole rf ExpeniUMrm far U^ yoor 1005^ 

'CiCgisTative, executive and judicial departments,. » • % - 0140,900 00 
Postages and aHowances formerly made by the court ^ - 

of eifchequer, ••••••• ..•••••••••.•••• ••.••••• 8,800 00 



Carrie8 'NTwrna, ••«»i«9«...* ^ 



TnasporUttion of cootioUi and apprelieiision of crt 

mbaifl, •«••«•«« ••.•••«••«««« ••• 13,500 <n 

loditD annuities, tad idl ttfea^etl teiMag to Indite 

nttdn, .••..••..•.***.. 4 ;•./• v 18,000 0« 

Piintiog, M,MO Of 

ConuniMmry'g d^MurtMent and brigade inflpodoM and 

cearla martial and of inquiry, •«,«•««• 4««. 14,000 M 

HiioellaDeoiiii oipefMai, • ««^«««« •••••• 20,000 00 

Sapport and inslractioQ of indigent deaf and diimh, • 1 2,000 00 



^ " I ■ 



0240,000 00 
htereat on the Slate debt, «••..:....»••.. ^,500 (M 

Defieieociet ta the revenue of tke lat^erai can^k 

above Damad, their iaooaae not beibg ftutilcient to 

pay the interest on their 4ebM, and for repaiirs 

and ■upefiptendence, as esliinated, by the sum of 60,000 00 

900,500 00 
It may be presaoied thaff the spedil oppropiiiAiOBs 
alieady made and not yet diAarsed, and those 
which the Legislature may, during their present 
aemon, see fit to make, may amount to, «••« •••• 100,000 00 



■ I ii n ■y— »■ 



Total, 0439,500 00 

To BMet those demands, the State possesses the ca- 
pital of the General Fund, consisting of bonds and 
uortgalfesf, tikibtiiiting to, ..«••«. # 0100,590 00 
The rrremies for Ihe.pfeseiM yeftr 
maybe, • ^....^ 00,000 00 



mmmmm 



fisSciaficy of the ounrent yeiur,.t«..« «•• • «.♦* ,.««• #21«,000 08 

The THmMury Dttd is tomp6^i 6t 

Bcnrowed at5 per cent of (Ji> J. Astor,) 561,500 00 

^ 4i <^ (Bank Fund,)... ««,.«•« 178,026 01 

To which add the deficit as above, «.. 218,903 38 



Amounl o£ this debt September SOth, 1835, ....... 0058,409 30 



BOB 



There is a small quaiitUy of lands recently parchased from the 
hidians, or aoqoired by escheat From this source, principally^ the 



4 [SSNATB 

leceiptfl of tbe General Fund may amoont tn #20,000 per annum, 
for a few yeara. 

When these means are exhaustedi the revenues of the General 
Fend wtU consist of pedler's licenses, fees of office^ and a tax on 
ibreigQ insurance companies; the aggregate receipts whereof ars 
about $7,000. 

The actual condition of the entire debt of the State on the SOth 
September, 1834, was as fbirows: 

Treasury debt, f7St,526 01 

Canal debts--Oswego, jM27,847 

Cayuga and Seneca, •'• • 237,000 

Chemung, ••... ai 6,000 

Crooked Lake, • 120,000 

1,100,347 oa 

Chenango, • • 1,000,000 OO 

Amount unprovided for of the Erie 
aad Champlaini canal debt» 1,032,076 88 

Making a total of. • • . •4,771,949 39 

Na means have been provided to pay either tbe tnteresl or the 
principal of the Treasury debt, or of the debts of tbe four lateral 
canals first above named. 

The deficieneies of the Chenango canal, are a charge upon the 
Canal Fund; but as the premiums oa tbe loans for its construction 
are applicable to the payment of tbe interest on said loans, the 
charge wiR not immedi a tely fall on that fund. 

The actual amount of revenue received on acconat of the Brie 
and Champlain canal Fund, from all sources, from September 30th^ 
1833, to September 30th, 1834, is as follows; 

From tolls, •1,318,155 8f 

Vendue and salt duties, • 330,120 02 

Interest upon deposites, • • • 1 17,092 00 

{lundries^ 11,996 94 

' 1,772,364 80 

• Carried forward • 



No. S8.] » 

Broogfat forward • 

The actual amount of expenditures, 

For interest on canal debt, • . . . « $278,173 26 

Repaiis and superintendence,. • • 423,517 10 

Sundries, 35,009 52 

786,690 88 



^M 



Nett revenue of the Erie and Chan>plain canal 
fund for the year 1834, after paying all expenses, 91,035,664 92 

To make up this sum, the vendue and salt duties 
contributed only, . . . .* 9330, 120 02 

And the tolls and interest on the 
fund, the balance % . • • 705,5 14 90 

The estimated surplus of the revenues of that fund 
over expenditores aad interest on the debt for 
the enrreat year, is •1,042,897 98 

8UUe of the Erie and Champlain Canal DebL 

Original amount of money borrowed, « . . . . #7,751,570 99 

Extinguished between the year 1826, and the 30th 

September, 1882, . . V. •750,585 13 

1888, to September 80th, ••••.• . 1,478,876 57 

1884, to September 80th, 588,006 61 

2,816,918 81 

Amount of this debt as it existed at the last men- 
tioned date, .. 4,984,655^68 

Deduct moneys in the hands of the Conmiissioners 
at the close ot die fiscal year,. 8,002,576 86 

And there will remain a balance of the Erie and 
Champlain canal debt unprovided for, September 
80,1834, oSr ? •1,932,076 88 

The foregoing statements, foniisb all the materials which ap- 
pear to your committee, to be necessary for the purpose of ena- 
bling the Legislature to form a sufficiently correct judgment, of 
the probable increase and dimiiintioD of tlw raqpedive debts of 
the State. v 



ISsNAn 

The only revaouea now ptmtmAd by tb# State, of any impor* 
tance, are the aaction and tbe salt duties, and the toUa of the 
Erie and Charoplaia canals. 

Neither of these resources can be rendered available, until af- 
ter pForision has been made for the payment of the Erie and 
Cbamptaia canal debt. 

The auction and salt duties, when they shall be returned to tbe 
Treasury, may be considered sufficient for the payment of the or^ 
dinary exfienses of government; and when the canal tolls shall 
also be liberated from the constitutional appropriation of them, the 
surplus of their receipts will, in like manner, be transferred to 
the service of the Treasury. 

That these resources may be relied upon to d isAa tge, at some 
ftttufe period, the existing debt of the State, and Bteb additional 
loans, as it may be necessary to take for the support of govern- 
ment, is perhaps, not a matter of doubt; but whether it is prudent 
to depend exclusively upon anticipations of these Ivreriues, in the 
^•esil condition of public afiUrs^ and with the prospect of encooi^ 
tering the expense of tho oenstmctioo of sOTeral of tbe larger pub> 
lie works, to which mUnsion b made in %\^ ipessage of tb^ Gover- 
nor, presents a more serious and difficull queatioai 

Anterior to, and at the commencement of, the project for oon- 
etmcling the Erie and Champlain canals, the State was the owner 
of a large amount of property. * It consisted principally of lands, 
and bonds and mortgages, arising from sales of lands, and growing 
out of loans made to the people^ upon the security of bonds and 
•lortgtge^ In times of difficulty. This was called the '' General 
Fund" of the State. 

These resources, excepting such portions of them as have been 
expended in (be support of government, have been liberally and 
wisely dispensed by the Legislature, for the creation of the Com- 
mon School Fund, the Literature Fund, and for various ob- 
jects of charity and public iia y revement. The Comptroller states 
Ihe amonnt aipplted le xsomnim schools, aoademies, and canals, al 
mote thah aeten ssillioas of deliax% and says: ''If there ia reason 
to rsgvet ihat this ted is eodMctv iheve is greater reason to m* 
joice, tha% its extinction has essentially aided the establisbmenl of 
other funds, the beneficial eflfects of which, are extended to every 
part of the State/' 



Much as the poKcy of exhausting die Geneml Fund tuu hoeo 
qoet.ioned, the Legiilttari teem la hare determined, bjr a long 
coorie of fogishition, lo coneame that fend before they would con* 
lent 10 reoort <o any other mode of supplyinig the neoessitiee 
of the Trewnry. . The viewa l^y which this policy was dictated 
lisve al no Caoie received the countenance of thosp citizens, who, 
with dtstiiigca^hed aibility, have« during the iast nine yenr*, admin- 
istered the duties of the Comptroller's office* 

On the contrary, they have invariably recommended the imposi- 
tiott of a general tax; and have frequently suggested the expedien- 
cy of that measure, with the declared purpose of saving the Gene* 
nl Fund from extinction. The design of the Legislature has 
been at length accomplished^ and the consequence is, that the State 
is left without any revenue, or capital directly applicable to the 
rapport of the government. It has« therefore, become Hecessairy 
either ts lay a dineot tav» or to resort to loane, for the purpoee of 
Meting thi iaamediale exigonoies of the Treasury, 

In the absence of any regular and sufficient income, the justice 
of applying directly to the people, for the means of carrying on 
the twti meae of their ow« gof^oment, cannot be disputed; and 
that thejr^iU eheerfiUy respond tp th^ call of the public necessi- 
ties, isaqoaUy cmtain; hut whether thie is the froper time lo make 
seeh a call, in a qne^tion upon which yoor commiu^ no not agree; 
the chairman of the committee being of opinion, that the anxiety 
evinced in every part of the State for an extended system of im- 
provements, the condition of the public treasury, and themspeoC of 
oor national affiiirs, concur to render this a peculiarly fit oeo as i on 
fer die levymgof a direct ttt. For these seaseos, it wm hisde* 
tire to euperadd to tlie (dan of fiaanee mpom which the oommitlee 
have agreed, alaw «o impeee m general tax npon the peopki of tfaja 



That propositton, the dhahtnan of (he comihittee deease it his 
luty to the public^ under present drcumstanees, to hold in resenre, 
to be brouf^t ibrward or not, as may seem lo be required by a 
more perfect development of our proceedings in regard lo appro- 
priaiiods of the public credit to the financial views ef the Lqpb- 
latare, or other occurences of public ooneemmeaU 

The propositions agreed upon by the committee, an 
1st llie paesa^s of the resolution now liefore the Senate, 
am ^H JF'g Ihe constitution, so as to take the aactiofl taAsaK duties 



8 [$»IATK 

from the Cmnal Fond and retura thein to the G^ierai Fund» for 
the service of the treasury, whenever a sufficient amount of oio- 
ney shall be collected and safely invested to pay the canal debt. 

2d. A law authorising the Comptroller to issue certificates* of 
stock, payable at times not eiceeding seven years at an interest 
not exceeding 5 per cent, instead of borrowing money from the 
particular funds, or elsewhere, at 6 per eent, as he is aow autho- 
rized to do. 

3d. A resolution to amend the Constitution in such manner, as 
that when a sufficient amount of money shall be collected and safe- 
ly invested to pay the canal debt, the restriction on the rates and 
appropriation of the tolls shall cease and determine; and the reve- 
nues^of the Canal Fund, tegether with the other revenues of the. 
State» shall constitute the General Fund, to be appropriated in such 
manner as the Legislature may direct. 

The first and third propositions, it is expected, will take etfoct 
together — that is, as soon as provision is made for the paymeat of 
the canal debt If tHe least important of them is adopted, it will 
contribute essentially to the relief of the treasury. 

The law suggested by the second iMroposttion, contemplates the 
repayment of the moneys that may be borrowed by the Comptrol- 
ler under the authority of the section of the Revised Statutes 
therein referred to, as fast as, in his judgment, the revenoes of the 
State may furnish the means. 

The success of the third proposition is indispensable for two 
reasons: 

1st To enaUe the Comptroller to redeem the certificates igl 
stock which he may issue on account cf loans, at siich times as 
the treasury may be in possession of the money. 

2d* Because, without the aid of its operation, the unnecesMury 
accumulations of the Canal Fund mu^ continue after the period 
shall have arrived when there will be a sufficient amount of money 
coHected and invested to pay the canal debt; and the treasury 
must continue to be deprived of all assistance from the tolls of the 
canals, until after the year 1845, when the last instalment of that 
debt will fall due. 

The increasing amount of trade on the canals, and the opulent 
condition of the Canal Fund, demonstrate the propriety and safety 
of adopting the prepositions above recommended. 



N<o. 38.] 9 

The CommisaioDers -of th« Canal Fund stale in thek report 
^' that notwithstanding an average reduction of tolls, of about 20 
per cent, in 1833, and about 15 per cent in 1834, such has been 
the great increase of business on the canals, that the aggregate 
amount of tolls collected from the opening to the closing of navi- 
gatioB in the years 1838 and 1834 exceeds the collections for 1831 
and 1832 by the sum of •332,280. &0.'' 

By comparing the nett revenue for 1834 and the estimate of re- 
venue for 1835, with the amount of the canal debt, yet unprovl* 
ded for, it will he seen that, by the increase of the Canal Fund, of 
more than one million of dollars per annum, the sum required for 
die payment of the canal debt would be secured at the end of the 
fiscal year in 1836, though •2,905,645.38 of the debt is aot paya- 
ble until 1845. 

But if the .project of doubling the locks and rebuilding the aque* 
duct across the Genesee river, which has been authorized by the 
Legislature, shall cost '^ from •600,006 to i, 006,000 of dollars," 
that appropriation taken out of the revenues of the fund; will post* 
pone its aggregation to an amount necessary to liquidate its debt, 
until near the close of the fiscal year 1837. 

Should the Legislature determine upon enlarging the Erie canal, 
the consequent expenditure would produce the effect of postpon- 
iog the completion of the Canal Fund to an amount sufficient to 
discharge the Erie and Champlain eanal debt, to a period of time 
proportioned to the amount of money, consumed in the improve* 
ment 

But as the opinion appears to be that these works can be safely 
and advantageously prosecuted only in a gradual manner, the pro- 
bibility is, that the fund will accumulate to an amount sufficient 
for the discharge of the debt in 1838. 

The discretionary power intended to be granted to the Comp- 
troller by the second proposition, will enable him to borrow mo- 
ney for the use of the treasury, upon more favorable terms than 
will be practicable under the law, of which that now proposed is 
virtually an amendment 

The proposed authorization to issue certificates of stock, having 
not more than seven years to run, is founded upon the computa- 
[Senate No. 38.] 2 



la (Sen 

tion of tfie tune, ft may require to finish the un Jertakings whiclp 
&ave been mentioned, to restore to the Canal Fund the amount of 
the expenditttrea which these improvements will require^ and to 
provide a fund fo pay the then existing debt of the treasury* 

For Ae payment of any loans thnC may be taken, so much of 
Ihe revenues of the State a9 may be necessary for that purpose- 
are proposed to be pledged by the second proposition. The gene— 
fal wording of the pledge teaves the Legislature at liberty to re- 
duce the toUs as fhe public interests may require; and to appropri^ 
ate to the pubKc service so much of the revenues as are not pledged^ 

It 18 not percerved than «iy other pfen of finance ean be devisecf 
which wiH afford ix chance of avoiding taxation^ however prosper- 
ous the public aFffairs may remain* 

Before the amendment of the Constitution, intended by the 
third proposition, can take effect, the whole of that part of the 
Erie and Champktin canal debt, which is payable oa the Ist of 
July,. 16S7, will have been discharged. 

The Commissioners of the Canal Fund continue the purchase of 
this debt at a rate of premium which allows the State, for Ihe mo* 
ney so applied, an interest of about four per centum per annum* 
These purchases will be continued as fast as the holders of the 
stock are willing to part with the same. The impression which 
will be produced in reducing its total amount by the combined 
operations of paying off the debt of ^37, and baying in Ihe debt of 
'45, may be conjectured from the following table: 

m 

Debt payable in 1837, 
Outstanding six per cent, ♦1,177,708 48 

" ftve '* 861,298 82 

$2,029,007 30 

Debt payable in 1 845, 

Outstanding six per cent, .•••.««.. 9850,000 00 

" five ** 2,05^645 38 

' 2,905,645 88 

$4,934,652 68 
Moneys in the hands of Commissioners, 30th Sept. 

1834, ., 3,002,576 30 

$1,932,070 88 



No 38- t1 

The certainty fliereforc is, that when the amcmdment reKerrei 
to is consummated, the debt will not exceed 82,905,645.38, and 
the probability is, that it will be much less. And as the money 
'will be -safely inveiHed to cover the whole amount that may remain 
unredeemed, but so as to Ue drawn at shoit notice, the holders of 
the stock can apply for and receive payment whenever they may 
please 

Thi« arrangement is t^iiceived to "be an ample fulfflment of the 
pledge to the paUic 'creditor, -as well as to the people of this State^ 
upon the highest principles ^^f morality and justice. It surely t;an*- 
not ke required that large sums of money should be kept suspended 
in the Canal Fund, to the great prejudice and injury of the public 
service, wli4le the State was sufiering for the want of that revenue, 
merely for the purpose of conforming to the words of the law cre^ 
atingthe pledge. If this were necessary for the perfect fulfilment 
of the oUigations which the State is under to its creditors, the ac» 
cumulations of the Canal Fund in 1845 might amount to as many 
flQillioQs of dollars as there would be hiindreds due and owii^ to 
thcRi. 

Your committee will conclude this branch of the subject with 
one observation. Until the first and third propositions take effect, 
the Comptroller will be obliged to borrow to the extent of the or- 
dinary expenses of government — of the special appropriations 
vhich may be made by the Legislature, and of the increase of the 
treasury debt by compound interest; and after the Bank Fund is 
consumed, these borrowings must be of a temporary characteri 
and probably at a rate of interest as high as 6 per cent«. 

In canvassing the subject of public improvement, as connected 
with appropriations of the public treasure^ or credit, it must be ad» 
mitted that it is not possible to adjust by any rule of proportion, 
over an extended and diversified territory, a perfectly equal distri- 
bution of advantages by canals and roads. Those improvements 
must follow the routes pointed out by the formation of the ground, 
the contiguity of waters, and the facility and cheapness of bringing 
the most productive country to the best market, wherever that, 
may be. 

Consulting the arrangements of nature, and encouraged by the 
enlightened councils and determined perse verence of Clinton, our 
predecesaors wisely selected the most practica\>Ie and important 



lines of conimanication Befween the Atrantic and the lakes, npoD 
which to commence the system of internaF improvements. The 
selection of the route necessarily left some pfirts of the State ne* 
greeted, and the value of property there in a languishing and de« 
pressed condition. While the immense expenditures on the line 
of the canaTsi in their construction, and the animating influence of 
their trade cop&pired to bestow an increased value upon the pro* 
perty of the mvorcd portions of the State. 

Under the smart of losses actually incurred, and not yet ibrgottea; 
and of ungf atifying comparisons as to their prospects and condi* 
tion, the representatives of the remote counties contended that iD 
the construction of the Erie and ChampTain canals, the undivided 
energies and resources of the State had been employed, and the 
best portion of its income consumed, having been diverted from its 
customary and equal operation upon the interests and feelings of 
an the people. The tax, too, it was said, which grew out of the 
necessities of the war, was continued for the benefit of the canals 
np to the year 1820, inclusive. For several years this tax made 
up to the treasury the amount of the deficiencies created by the 
conversion of some of its revenues to the construction of the ca- 
Dais. It amounted in the wbolo to three nviUions of dollars. The act 
of thcf Lf^gislature, which in its practical operation, tended greatly to 
dioijptsh the value of their estates and increase the prosperity of 
theji; brethren, was considered as involving a sacrifice of their inte- 
reijjis for the exclusive accommodation and benefit of particular dis- 
trictsand cities. And the conclusion was drawn, that if under a 
state of circumstances thus created, and which bad been highly 
auspicious to one party, and unfavorable to the other, the latter 
demanded to be relieved from taxation, by withdrawing superflu- 
oun revenues from the Canal Fund, and anticipating its resources, 
their claim to the exemption was declared to be sustainable upon the 
ordinary principles of justice, which prevail between equal parties 
to a contract. 

On the other side, the opponents of the financial measures 
which have heretofore been proposed in the Legislature, with 
the design of anticipating the embarrassments of the treasury, 
by a timely provision, have represented, that a work which has 
cost immense sums of money, and contributes to the prosperity of 
the most extensive and productive sections of the country, as well 
as of the finest cities in the State, should be cherished with pecu- 
liar care. The transcendent importance of canals, which connect 



N*. 98.] 13 

by the most extensive inland water communications in the world, 
new and growing empires unsurpassed in fertility, with the mis- 
tress of the Atlantic cities, has been urged with no greater vehe- 
mence thhn is due to the magnitude of the subject. 

The policy, which selected for improvement the most conve- 
nient route to market, for the largest district of country was de- 
fended upon the ground, that such a selection was attended with 
the least risk of failure, at a time when canal navigation was, in 
this part of the world, an experiment, and the success which had 
attended the enterprize thus far, it was proclaimed, sufficiently 
disclosed the important and gratifying fact, that the Erie and 
Champlain canals would not only confer a particular advantage 
upon the districts of country through which they ran, but would 
also contribute to tlie general prosperity of the State. 

The enlargement of the Erie canal, was justly considered a pro- 
ject of the highest importance. To that work the resources of the « 
State should first be applied.. Its successful completion would in- 
crease the utility and enhance the value of an avenue to market, 
which it was already perceived, was not sufficiently capacious to *^ 
accommodate the increasing trade of the lakes. 

Sentiments like these very fairly preceded the statements made, 
and the apprehensions expressed by those who are supposed to be 
acquainted with the details of the canal and transportation business 
in this country, and which statements were intended to show that 
the policy of neighboring States may compel us to follow their 
lead in reducing our tolls lo the very lowest rates, for the purpose 
of preserving the superiority we enjoy. 

Your committee do not believe it to be necessary for them to 
enter into an exposition of the facts or calculations by which these 
apprehensions were fortified. The questions they involve may. be 
safely left to the experience and judgment of the Canal Board. 
With their supervision and management, the public are satisfied, 
and there can be no reason to doubt that the administrative oflices 
from which the members of that board are taken, will always be 
filled by men of industry and intelligence. 

But upon the general efiects of a fair and open rivalry your com- 
mittee will remark, that competition in trade is usually inevitable 
and always salutary, since it invariably reduces the price of food 
and raiment to consumers, and renders the interchange of comroo- 



14 [Sexath 

dities, and the circulation of money, more active and beneficial 
throughout the community. But of any competition which may- 
amount to a substantial injury to our prosperity, your committee 
feel little apprehension, provided we preserve, by a wise and libe- 
ral policy, the advantages of our natural position. 

The seas which wash the interior shores of this State, or are 
connected with them by water communications must open to our 
great market the productions of a fertile country of vast extent. 
From new lands, rich in quality and moderate in price, the in- 
creasing population and healthful industry of freemen must in time 
furnish sufficient trade to satisfy the ambition of all competitors. 
So far as our interests are likely to be affected by rival efforts, 
we are content to leave the issue to time, and to confide the means 
of our success to the penetration and judgment of the Legislature 
and the public spirit of our fellow-citizens. 

The exhibition of an empty treasury and exhausted means, and 
the statement showing the inevitable increase of the public debt, 
which your committee have furnished, admonishes us that it is 
time to unite upon some plan of finance by a sacrifice of our pre- 
delictions, and a magnanimous confidence in the intentions of each 
other. 

Your committee have endeavored to discharge from their own 
minds any peculiar notions they may have entertained on these sub- 
jects, and have presented this review of the points of collision 
which have heretofore obstructed the' action of the Legislature, for 
the purpose of reconciling every interest and uniting all the repre- 
sentatives of the people in the support of a series of propositions, 
which, as thdy believft, will, in their operation, be equally advan- 
tageous to every important section of the State. 

* 

An interchange of opinions between the members of your com- 
mittee, has satisfied their judgments that no unfair reduction of the 
tolls is designed by those parts of the Stale most peculiarly bene- 
fitted by the canals; and they deem it expedient to express this 
opinion in unequivocal terms, to the end that the views now enter- 
tained on that point may not be misunderstood* 

But it must be self-evident that the competent authority will feel 

bound to direct whatever reduction of the tolls may be necessary 

for the purpose of preserving the commerce of the canals in full 
activity. 



No. 38.] 15 

As it seems to your comniittee that there cannot be a dissenting 
voice from the justice of these positions, they venture to hope that 
a general acquiescence in their import, will secure a nearly 
unanimous concurrence in the measures %rhich your committee 
have proposed, as much under the influence of those views, as from 
the conviction of the indispensable necessity that suitable provision 
should now be made to sustain the operations of the treasury. 

In expressing these sentiments your committee do not intend to 
anticipate the opinions or in any degree to assume the right of con- 
fining the free action of their successors; but possessing unlimited 
confidence in the just and liberal views by which their constituents, 
are actuated, your committee place themselves with entire confi- 
dence upon the assumption that neither the city of New-York, nor 
the great west whose interests are precisely the same in this mat- 
ter, desire to pursue any other policy in regard to the canals than 
such as may be required to promote their prosperity, and be at the 
same time entirely consistent with the best interests and the equal, 
rights of every part of the State. 

If reliance can be placed upon the existence of principles so 
equal and fair for the future, and of their prevailing influence in 
the adjustment of our public concerns, every vesiige of apprehen- 
sion which has heretofore existed that the tolls might be reduced 
below their just and necessary rates, in the event of their being 
liberated from the constitutional restriction, must be dissipated. 

We deem it prudent to meet this delicate question openly, and 
to say of it, that as the canals belong to the State so the tolls be- 
long to the treasury, and they are necessarily to be regulated up- 
on principles of public policy, and not for the special advantage of 
any particular part of the commonwealth, either in their increase 
or diminution. > 

In support of his opinion that a general tax should now be laid, 
the chairman of the committee begs leave respectfully to make the 
following remarks. 

Whether the prosperity of all our works of internal improve- 
ment, those already completed or under contract, and such as may 
hereafter be undertaken, will eventually justify the policy of avoid- 
iogy by loans, a suitable provision for the payment of the interest 
accruing upon expenditures on account of new contracts, is, to 
say the best of it, a subject of doubt and uncertainty. 



10 [Sbnatk 

But there may be a conjuncture which, whenever it shall happen, 
will render the feebleness of the policy of supporting the govern- 
ment and pajing the interest on unproductive investments, with bor- 
rowed money, perfectljypparent. 

A non-intercourse with any important consumer of our products, 
or a beliigerant occupancy of the ocean which should have the 
effect to cut off our exports, would diminish the revenues of the 
canals and of the auction duties, in proportion to the severity and 
duration of the inhibition of our trade. 

After this Legislature shall have adjourned, we shall have alrea- 
dy anticipated our revenue to the amount of #900,000, including 
Astor's loan; and before the treasury will be able to reach its 
actual use, by the constitutional amendments which may bo adopt- 
ed, the additional anticipations to be made for the purposes of gov- 
ernment, will probably exceed 8700,000. So, that when the reve- 
nues of the canals and of the auction and salt duties shall come into 
the treasury, its debt, will be increased to between one and a half 
and two millions of dollars. By that time, the interest on this debt 
and of the lateral canal debt, and of loans to be contracted for 
further improvements, may be so large, that together with the cuf- 
rent expenses of the government and the special appr9priations of 
the Legislature, they will approximate to an amount which may, 
under the adverse circumstances alluded to, be greater than the 
total of the annual nett proceeds of those revenues. 

« 

The Special Fund, originally created by our predecessors for 
the exclusive benefit of the Erie and Champlain canals, has fur- 
nished the most effectual aid to that enterprise*: and the conver- 
sion of a principal portion of the revenues of the State to the sup- 
port of that fund, was considered a suitable substitute for the 
avails of a tax, which would, without that provision, have been 
required for the purpose of paying the interest on the debt con- 
tracted on account of these canals. 

If the experience we have had in relation to the unproductive- 
ness of the lateral canals, furnish an intimation of the expectations 
which may be indulged as to the success of future undertakings of 
that description, then it has become necessary, in contemplation of 
further improvements, and the losses to be thereby incurred, t<^ 
prepare a system adequate to sustain the projects themselves, and 
the public credit upon which they must be based. 



No. M.\ n 

** The ftrad for the general rapport of the gOTemment hat rag* 
tamed the lateral canals for the last five ye«r% and has .advanced 
for that purpose |249.646.39: of which, the snm of •08,881.16 
was paid daring the last year;" and it is seen/ by the estimate 
which stands at the head of this report, that the deficiencies of 
Aese canals, for the current year, will be f60,000. 

The deficiencies which may result from the constmetion of tim 
QmMngo canal, having been made .by the act authorislag its co»- 
stmetion, a charge upon the Canal Fond, are not taken into the 
eoosideration of this subject. 



It can hardly be anticipated, that all the canals hereafter to be 
in this State will afford immediate profit so as to sustain 
dieoMelves: Until '^ the progressive advancement of the region 
of the State" through which they may pass, and the commercial 
harbors with which they may be connected, shall furnish an increa- 
sed anmont of business, they will probably all remain a charge 
upon the treasury.- To provide for the demands growing out ot 
actual expenditures, and for the contingencies depending upon un- 
sscertained results, it is not perceived that a system of taxation 
csn be any longer dispensed with, when formidable works of this 
description shall be again undertaken at the public expense. 

If the general tax had been continued from 1896 until this time, 
the finances of the State would probably have remained in a sound 
ooodition, and the numerous projects for improvement, to which 
the Governor in his message alludes, might have received, if wor- 
thy of it, the cordial support of the Legislature. 

This view of the rabject, which is believed to be strictly just, 
presents in a strong light the wisdom of the recommendations so 
frequently made from the Comptroller's office in favor of a direct 
tax; but the proposition has not heretofore met with any encou- 
ragement from the Legislature. The improvements which are now 
b the contemplation of citizens inhabiting important sections of the 
Stale, had not been suggested, the extent to which the system' 
mi^ be carried by the enterprize and requirements of an active 
and intelligent population, had not been foreseen. The Legisla- 
tors w^re inclined to look forward to the time when the existing 
canals would pay their own debts out of the Canal Fund, and to the 
necessary consequence that the auction and salt duties, together 

[Senate No. 88.] S ' 



t9 [8«II4TK 

ymih Ihe aorphui rerfnws of tlie c«ntk» wooU fu^i^h IH meins 
ibr eveiy reasonable aod legitimate purpose oJf goTennoent 

The citizeDB for whose accommodation the Dumeroy$ and highly 
important improvements fjre desiig^ned^ to which allusion has berai 
made in the message, have a right to be favorably heard by thai 
Legislature; and if their projects are not merely feasible, but also 
promise to adyaace the general iateresis of commerce, tf tJbey will 
be but lightly burtbensome to the treaswry m proportioo to the hm^ 
neflts they will eenfer on the regtons of eoaotry thrpQgk wiuoh 
they are intended to pass, the claima of those citizens upon the 
justice and syn^pathy of the Legislature will doubUess pi:evail. 

Out of what fond is the interest that may accrue upon the loana 
which miist be made for the construction of the projected works, 
to be procured? 

The auction and aalt dvties yield from 9800^000 to f4M,«tf« 

The ordinary and extraoi^dioary expenses of government arn 
from 9400,000 to •450,000. 

Those receipts and disbursdmeiits may be supposed to balance 
each other, leaving the following as the condition of the public 
debt after t)^ liquidation, of the Erie and Champlaixt canal dabt 
s|>aU have beea accomplished, by the operation pf t|)a systeifi ot 
finance the committee have agreed to propouQf 

Treasury debt between Ih and .••••• • 1(3,000,000 

Lateral canals, ...•• •• •*• 1,100,000 

Cheoaiigo canal when completed, be* 

tween.. « •1,800,000 and 92^000,000 

A4d for new canals^ 

The canal projects mentioned in the me^sagf of the GqvqmoT 
ve, "^ the Black rii^r capal, (he Rochester and Oleaio, a ship canai 
from the Hudson river to lake Ontasio, and anothef around, Wif^Bt^ 
raFalls," 

m 
m 

How'msny of these important works may bet %uthorizec| by the 
Legislature cannot be foretold, and therefore, the amount to be 
added to the debt of the State at the period above alluded to, is 
conjectured. Bat it eannot be eonctived that pindeat inea will 



Na M.] 19 

involf e th^ SUte in a large additional amount of debt without pro* 
fidiDg the means of paying the interest Every su|^stion of iex* 
perience and every principle of sound policy forbids the attempt 
to force a system which must endanger the cause of inteimai im- 
profinent; 



STATE OF NEW-YORK. 



No. 39, 



IN SENATE, 



February 5, 1835. 



REPORT 

Of the Comptroller, on the bill for the relief of Jacob 

I. Timmermtaii. 

CoMPTROLLBK^a OrFICB, ) 

Jilbcmy, Feb. 8, 1885. ) 

TO THE SENATE: 

The Comptroller, on the reference from the Senate of a bill eo« 
titled " An act for the relief of Jacob I. Timmerman," and the p9« 
pert connected therewith, respectfully submits the following 

REPORT: 

i 

The petition of Jacob I. TimmerraaQ states, that his father, John 
D. 'Timmerman, deceased, for more than thirty years in his life- 
time, owned, possessed, and died seised of the northwest corner 
of lot number four, in Livingston's patent, consisting of one hun- 
dred acres, lying in the town of Canajohariet in the county of 
Hontgomery, which said land the petitioner holds by virtue of the 
will of his father. 

The petitioner states, that in the winter of 1828, he called at 
the Comptroller's office, by direction of lus deceased father, paid 
the quit rent due on said one hundred acres, or intended to pay 
on said lot, and supposed he had done so, and did not detect the 
mistake until called upon by the agent of the purchaser of sixteen 
acres of said lot, at the sale of lands for quit rents, in 1826; and 
after the purchaser had obtained the Comptroller's deed for .the 

[Senate No. 89.] 1 



2 [Sbnatk 

lame. On examining the receipt, after the agent called, it was 
found that it specified lot No. 4, in a patent of 4,000 acres granted 
to Philip Livingston and others, instead of the land belonging, at 
that time, to his father; which lies in a patent granted to Philip 
Livingston and others, containing 20,000 acres. 

On referring to the quit rent sales book, for 1826, the two pa* 
tents are entered in the manner given below; from a comparison 
of whiefa entries, it will readily be seen that the similarity in the 
general description of the two patents, might, and probably did, 
cause the error complained of. The style of the patent in which 
Timmerman's lot No. 4, is situated, and the entries in the sales 
book connected with it, are as follow^ viz: '' Patent to Philip Li- 
vingston^ and others, for 20,000 acres^ Albany county^ dated Fehru- 
ary lOM, 1762, quit rent 2s. 6d. sterling per 100 acres per an" 
num.^^ Immediately below, is entered the following note: '* This 
patent is situate, chiefly, in the towns of Cannjoharie, in.Montgo- 
mery county, and Danube, in Herkimer, a small part of the south 
end may be in Otsego county, in the town of Cherry-Valley. It 
is of an irregular form; the numbers of the lots and the quantities, 
are taken from a map accompanying the deed of partition in the 
Secretary's office." 

The style of the patent which contained the lot No. 4, to which 
the payment made by Timmerman was applied, is as follows, vis: 
*' Patent to Philip Livingston and others^ for 4,000 acres^ Albany 
county,, dated J{6v. 18, 1769, quit rent, 2s. M. sterling per 100 
acres per annum" To this was added the following note: *• This 
patent appears to, be in Saratoga county, in the town of Edin- 
burgh: by the map of tlie State, it seems to interfere with the 
north*easterly part of the Northampton patent: by a map of the 
subdivisions, in the Surveyor-Generars office, it seems to have 
been divided into lots; but the quantity of each is not stated, and 
a great part seems to be covered by other patents." 

When Mr. Timmerman called to commute for the quit rents 
charged upon his land, in consequence of a reference to the 
wrong patent, there being more than one reference to patents 
granted to ** Philip Livingston, and others;" or want of proper 
care in examining the explanatory note; or the carelessness of the 
petitioner, in not giving the number of acres in the patent, if he 
knew them, or the county in which the land was located, on which 



Na S9 ] % 

he wished to pay — ^ihe payment which he made, was credited to 
ODC hundred acres of lot No. 4, in a patent of 4,000 acres in Sara- 
toga county, instead of being credited to lOO acres of lot No. 4, in 
a patent of 20,000 acres in Montgomery county. The following 
entry was made in the quit rent diary, viz; 

*• Paid by J. I. Timmerman, for Hrrears of quit-rent, and for 
commutation of future quit-rents, on the land hereinafter described, 
lying in a patent of 4,000 acres, granted on the 18th day of No* 
▼ember, 1769, to P, Livingston, and others, viz: 

l.ot No. 4, N. W. cor. 100 acres, 

Paid, February 27, 1823,. •« ,.^ t2 18.*' 

The payment having been thus credited in the diary, to the 
4,000 acre patent of P. Livingston, it was credited to the same 
patent on the sales book; and the lot owned by Mr. Timmerman, 
not appearing to have been commuted for, was advertised for sale; 
and on the lOih of March, 1826, sixteen acres out of the northwest 
comer were sold for the taxes and fees, amounting, together, to 
•14.06. This land was bid off by Charles £. Dudley, and a deed 
for 16 acres was given to Jesse Buel, to whom the certificate had 
been transferred, on the 0th of March, 1829. 

The land in question being occupied, the purchaser does not ac*- 
quire a perfect title to the 16 acres, without serving upon the 
owner or occupant the notice required by the 22d section of the 
set of 1819, concerning quit-rents, which is as follows: 

** XXII. Jtnd be it further enacted^ That in every case of sale 
and conveyance, by the Comptroller, pursuant to this act, of lands 
which may at the time of conveyance, be in the actual possession 
and occupancy of any person ck persons, the person or persons to 
whom such land may be conveyed, or others holding under him or 
them, shall serve a written notice on the person or persons in the 
possession or occupancy, or leave such notice at his or their dwelling 
house, with one of the family, stating in substance the sale and con- 
veyance, and to whom made, the amount of consideration, after ad- 
ding fifty per cent thereto, and stating, also, that unless the said con- 
sideration^ and the said fifty per cent thereon, be paid into the trea- 
sury for the benefit of the purchaser, within six months from the 
time of the service of such notice, that the conveyance of the Comp- 
troller to the said purchaser will be absolute, and the occupant, and 



< [Sbnatv 

all ofhertf interested in the Isnd, be forerer thereafter barred of all 
right or title to the same; and the receipt of the Treasurer, r^un* 
tersrgned by the Comptroller, for the said money, accompanied by 
a certificate of the Comptroller, under bis hand and the seal of hi» 
office, stating the payment, and shewing partici^larly what land 
such payment is intended to redeem, shall as effectually redeenr» 
the said land from the sale and conveyance, as if redeemed withio 
two years after the sale; and the said certificate shall and may be 
recorded in the same manner and with the like effect as a deed re* 
gularly acknowledged by the grantor before an officer authorized 
to take such acknowledgments* And in every case of actual occu-^ 
pancy and possession, as aforesaid, of land sold and conveyed, pur* 
suant to this act, it shall be necessary for the purchaser, or those 
holding under bim, in order to complete his title to any such land, 
to shew, by due proof, that the said notice was duly given; and, 
by a certificate from the Comptroller, that the payment, by this 
act required, had not been made into the treasury/' 

This aection requires that the purchaser of occupied land, 

1. *' Shall serve a written notice on the person in the possession 
or occupancy of the land:" in which notice, shall be set forth all the 
facts of the case necessary to enable the owner to protect himself 
against the effect of the sale. 

2. It gives the owner six months to redeem, after notice is serv- 
ed by the purchaser; and the Treasurer's receipt, for the redemp* 
tion of the money, with the Comptroller's certificate under seal, 
stating the particulars of the redemption, ** shall as effectually re- 
deem the said land from the sale and conveyance, (by the Comp- 
troller,) as if redeemed within two years after the sale." And, to 
remove the blemish from his title, occasioned by the Comptroller's 
deed, it is declared that the said certificate may be recorded. 

S. The section declares, that it shall be necessary for the pur- 
chaser of lauds for quit-rents, in order to complete his title to such 
lands, to shew, by due proof, that notice had been duly given to the 
occupant; and, by a certificate from the Comptroller, that the re- 
demption money had not been paid into the Treasury. 

Timmerman's land was sold in March, 1826, In March, 1828, 
the purchaser was entitled to a deed from the Comptroller, but the 
deed was not applied for until March, 1829. It was decided, un- 
der the act of 1819, relative to quit-rents, as well as under the act 



No. 39.] & 

of 1823, ia relation to tax sales, that the purchaser must obtain the 
Comptroller's deed before he could legally give the notice to the 
occupant of the land sold. The purchaser of Timmerman's land 
has, therefore, been in a situation to give the notice required to 
perfect his title, since the 9th of March, 1829, — a period of six 
years on the 9th of the next month. 

If notice had been given, or should now be given, as required 
by the law under which the sale was made, Mr. Timmerman could 
redeem his lot» and relieve his title altogether from the operation 
of the quit-rent sale, and the Comptroller's deed. 

The purchaser, probably, conceives that he can take his own 
time to perfect his title; but shall he be allowed, by withholding 
the notice specified in the statute, to deprive the occupant of a 
chance which was intended to be given to him, of redeeming his land 
from the operation of the sale? There is no time expressed in 
the law, for serving the notice; but, is it not right to infer, that 
this should be done within a reasonable time t 

Id 1830, an act was passed, in relation to lands sold for taxes, 
which contains the following section: 

'^ § 5. The occupant of any lands heretofore sold for taxes, and 
which were or shall be occupied at the expiration of the two years 
allowed for the redemption thereof, the owner of such occupied 
lands, or any other person, may, at any time before the service of 
notice by the purchaser, or the person claiming under him, redeem 
any lands so occupied as aforesaid, in the manner specified in the 
foorth section of this act, provided the title of the purchaser shall 
not have become perfect prior to such redemption." 

Upon the principle of this law, (although this section does hot 
apply to sales for quit-rents,) Mr. Timmerman might be allowed 
to redeem, on furnishing proof of the occupancy of the lot; and, 
inasmuch as there is reason to believe that he paid the sum requi- 
red to commute for his land, which, by mistake, was credited to 
another lot; provision, probably, oiight to be made, that there 
should be paid from the Treasury to the purchaser, or his assignee, 
such sum as the occupant would be required to pay to redeem the 
16 acres, if notice had been served on him. 

The Comptroller respectfully submits to the consideration of the 
Senate, the draft of a law, applying the principle adopted in 1880, 



6 [Sbnatk 

relative to tax sales, to the sales of the land of Timmerman, for 
quit-rents: He also refers to the report of the Coroptroller for 
1830, page 28, and onward, for a description of the evils, which 
the act of 1880 was designed to remedy. 

Respectfully submitted, 

A. C- FLAGG. 



AN ACT 
For the relief of Jacob L Timmerman. 

Tke Peopk of the State ofJfew^York^ represented in Senate and 
Jbtembhff do enact as follows: 

I Sbctioit 1. The amount required to discharge one hundred 

3 acres of lot number four, in a patent of twenty thousand acres 
8 granted to Philip Livingston and others, from the quit rent 

4 charged thereon, having been paid into the treasury by J. D* 
6 Timmermau in 1826, and the payment having been, by mis- 

6 take, credited to one hundred acres of lot number four, in a 

7 patent of four thousand acres granted to Philip Livingston and 

8 others: and in consequence of such mistake sixteen acres of 

the lands of the said Timmerman having been sold for quit 
10 rent the 10th day of March, 1826, to Charles E. Dudley, and 

II a deed for the same having been given by the Comptroller to 

12 Jesse Buel, on the 0th day of March, 1820: and the purchaser 

13 not having served the notice which is necessary to perfect his 

14 title, or to enable the owner to redeem the land: it is, therefore, 

15 provided, that whenever Jacob L Timmerman, the present 
fl 16 owner of the land before described, shall furnish to the Comp- 

17 troUer satisfactory proof that the said land sold and conveyed 

18 as before, stated, was occupied as contemplated by the law un- 
10 der which the sale was made, he shall give to the owner a certi- 

20 ficate, as provided by the twenty-second section of the act, 

21 entitled ^*An act concerning quit rents, and to increase the 

22 Literature and School funds, respectively,'' passed April 13, 

23 1610: which said certificate shall be given under bis hand 

24 and the seal of his office, and shall as fully release the said 

25 land from the sale and conveyance, as if redeemed within two 

26 years after the sale: and said certificate shall and may be re- 

27 corded as provided in the act of 1810, before referred to. 

1 S 2. Whenever the provisions of the preceding section shall 

2 have been complied with, the Treasurer shall pay on the war- 
8 rant of the Comptroller, to Charles E. Dudley, or any person 
4 lawfully claiming under him, the amount necessary to redeem 



8 



[SSNATS 



& the sixteen acres of land described in the first section of this 

6 act, according to the provisions of the act of 1810, referred to 

7 in said first section; the sum to be estimated in the same man« 

8 ner as if the owner bad redeemed under a notice from the pur« 
chaser. 



STATE OF NEW-YORK. 



No. 40. 



IN SENATE, 



January 31, 1835. 



REPORT 

Of the Comptroller in answer to a resolution of the 
Senate, giving the valuations of real and personal 
estate, &c« 

COMPTROLLER'S OFFICE, ) 
Albany J January M, 1885, ) 

TO THE SENATE, 

The Comptroller, in answer to a resolution of (he Senate, of 
which the following is a copy, viz: 

'' Reseloedf That the Comptroller furnish a return of the taxa- 
ble Talue of the real and personal estates of the people of this 
State; also, a return of tlie capital stock of all the corporations in 
this State liable to taxation ; and that he furnish a statement of 
the moneys paid out of the general funds of the State towards the 
coostruetion and support of the Eric and Champlain canals; the 
sums received by the Canal Fund in eacli year, to be arranged 
under the respective heads of supply from which they were taken; 
sod that he report how much he estimates the duty of salt per 
bushel, the original duty of three cents, or the duty as it has ^ea, 
of twelve and a half cents per bushel:** 

RSSPBCTPULLY SUBMITS THE FOLLOWIXO ERPORT: 

t 

The taxable value of the real and personal estates of the people 
of this State, as ascertained by the assessments for the year 1884, 
is as follows, viz: 

Real estate, •350,840,043 

Personal esUte, 108,831,941 

•458,877,984 
CSeaate No. 40.] I 



5^ [Sftnatk 

The table marked A, exhibits the vatae of the real and personal 
estates in each county, for the year 1834, so far as returns could 
be obtained fronrv the clerks of the boards of supervisors. On the 
2d day of Jani>ary, circulars were sent to the supervisors'^ clerks,, 
who were delinquent, of thirty-three counties, requesting them to 
make the returns to this office, required by the 34th section, p. 395^ 
1 R. S. Returns have been obtained from all the counties,, except 
Allegany^ St. Lawrence and Schoharie. 

» 

The valuations of the counties from which no returns, could be 

obtained, have been taken from former reports, and are added ta 

the total amount, as may be seen by reference to the table. 

The statement marked F, exhibits the amount of capital stock of 
all the corporations in the State liable to taxati'on, and the real es* 
tate held by each, arranged under the heads t>f the several cotm- 
ties in which the corporations are situated. 

There may be corporations in tlie State liable to taxation, which 
are not iackided in this list, although no exertion has been spared, 
for the last year, to obtain returns from all existing corporations, 
and to get information in relation to those which had become ex- 
tinct. To effect this object, a list was made out in 1833, of every 
corporation found in the Session Laws from 1791 to 1833, a peri- 
od of 42 years; and circulars were sent to such as had not made, 
to this office, the annual returns required by the 3d section, p. 4IG, 
1 R. S. The list. made out, contains nearly one thousand cor- 
porations of every description. The number of those now in ex- 
istence, and liable to taxation, as given in the statement, mark- 
ed B, is two hundred and fifty-one. There are a great number of 
turnpike, manufacturing, and other companies in operation ia the 
State, which are not embraced in the list reported, for the reason 
that their dividends are not such as to make them taxable: Aiid a 
great number of the corporations originally gr&nted, have become 
extinct. 

The capital of all the corporations embraced in the list marked C, 
amounts to. $52,998,919 81 

The stock held by the State or literary or chari- 
table institutions, amounts to the sum of . • • • • 632,528 00 

Leaving the total amount of stocks, and real es- 
tate liable to taxation, in all incorporated com- 
panies in the State, at •• • • . •52,866,891 81 



So. 40.] ' ^ 

The total amonnt of real estate held by all the corporaiiotis, 
which are liable to taxation, is 93,882,857.78; .which sum is em- 
braced in the total of taxable capitd, as -stated above. 

The taxable property of the Stat^ may be classed as follows^ viz: 

Real estate owned by corpof ations, 93,882,857 78 

Amount of stock for which cqrpora- 

tions are taxed, 48,483,534 08 

952,366,391 81 

Real estate other than that owned 

. by corporations, $346,463,185^ 22 

Personal estate other than that 

assessed to corporations, €9,848,406 07. 

.. 406,311,592 ID 



Total amount of real and peasonal estate, as 8hcw>n 
in statement A, .9458,677,984 00 

• 

The statement marked C, exhibits the contributions from the Ge- 
neral Fund to the Erie and Champlain Cana4 Fuiid, from 1816 to 
1824, as folio.ws, viz: 

Vendue duty, 98,193,807 61 

Salt duty, 1,872,329 68 

Avails of land sales, (Grand Island, &&,) 63,543 80 

Appropriations from treasury, •••• 42,957 09 

Total,... • $5,172,638 18 

The direct payments from the treasury set down in the table 
against the year 1816, are those which were made previous to the 
organization of the Board of Commissioners of the Canal Fund, by 
the act of 1817. These payments, amounting to the sum of 
938,957.09, were made under appropriations contained in the fol- 
lowing acts, viz: 

Chap. 240, Laws of 1808, 9600 00 

Chap. 103, Laws of 1810, 3,000 00 

Chap. Laws of 1811, 15,000 00 

Chap. 273, Laws of 1816, 20,000 00 

938,600 00 

Chapter 20, of the Laws of 1817, made an appropriation, out of 
which the excess of expenditure beyond the former appropriations 
was probably paid,' amounting to 9857.00. 



4 [Sbjcatk^ 

Id romfcing up the tmount of $1,875^,829.68, in itatement C, for 
salt ((nties, the nett proceeds of the duties at 12) cents for each 
bushel of 66 pounds of salt, are included, up to the 13th day of 
February, 18S4, at which time the constitutional amendment took 
effect, reducing the duty to six cents upon each bushel of salt man- 
«factured. 



Req>ectfully submitted. 



A. a FLAG6. 



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STATE OF NEW-YORK. 



No. 41. 



«» II ' ■ 



IN SENATE, 



January 26, 1835. 



ANNUAL REPORT 



Of Thimuui L. Ostrom, Inspector of Lumber for the 

. city of Troy 

TO THE LEGISLATURE OF THE STATE OF NEW- 
YORK. 

Herawidi it preiented a report of the qaantity, quality and va- 
loe of th« lumber inspected by me, during the year 16S4, together 
with the fee* received for auch ioepection. 

Reipectfiilly, 

Your ob't serrant, 
THOMAJS L. 06TB0M. 



[Seaate No. 41.] 1 



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STATE OP NEW-YORK. 



N: 42. 



IN SENATE, 



January 24, 1835. 



ANNUAL REPORT 



Of H. M. Hopkins, Inspector of Lumber for Albany 

county. 

TO THE LEGISLATURE OF THE STATE OF NEW- 

YORK. 

Amount of lumbor measored and inspected by Huram M. Hop* 
Idaty one of the inipectort of lumber for Albany county, during 
the year ending Dea Slat, 1884. 



PJat lMf iHiJ. Fmu VthMptrM. 

Pint quality, 18,500 08100 

Second '' 14,087 89 00 

Third " 88,858 17 00 

Fourth << 140,480 10 00 



Pine, 888,088 18 00 

Hemlock, 76,764 7 50 

Whitewood,.. 87,806 IS 00 

Alb, • 0,486 15 00 

Cherry, 6,810 85 00 

Baanroed, 5,886 10 00 

Oak, cubic feet, 618 880 00 

Amount of foei, #189 51. 

H. M. HOPKINS, AqMctor. 

[8«Ml« No. «k] 1 



STATE OF NEW-YORK. 



No. 43. 



IN SENATE, 



February ^ 1835. 



ANNUAL REPORT. 



Of J. D. Stevenson, Inspector of Tobacco for tlie ci« 

ty and county of New-York. 

TO THE LEGISLATURE OP THE STATE OF NEW- 
YORK. 

Report of tobacco inspected in the city end county of New- 
York, from the 22d day of April, 1694, (the day on which the in- 
spection commenced under the law of the last session,) to the aist 
day of December, of the same year, with the average price per 
pound, and probable value thereof, as near as I have been able to 
ascertain, viz: 

8,657 hhds. of tobacco, the growth of the State of Kentucky; 
1,754 hkds. the growth of the State of Virginia; 413 hhds. the 
growth of the State of Ohio; and 85 hhds. the growth of the 
State of Maryland, making, in all, 5,MQ hhds; from which deduct 
118 hhds. condemned as unmerchantable, leaves 

5,791 hhds. merchantable tobacco, weighing nett 

7,702,080 lbs. at 7 cents, •589,142 10 

118 hhds. unmerch*t tobacco, weighing 159,488 

lbs. at 5 cents, 7,971 65 

5 , 909 Total probable value, 9547 ,118 75 

Expenses of office. 

Store or ware-house rent, • • 92,789 00 

Pay of deputies, •••... 1,500 00 

Amount carried forward, #4,289 00 
[Senate No. 48.] . 1 



t [S 

Amount brought forward, #4,239 Oa 

Clerk hire,.. 710 OO 

Coopers, labor, nails, hoops and other mate- 
rialst and all other expenses, ••» 7,009 OD 

•11,958 OO 

■ ■ ■ ■ ■ - 

Amount of fees rec*d and to be rec'd for in* 

spection, 911, 818 OO 

Do. for storage, 1,556 OO 

•13,374 OO 
Deduct expenses, 11,958 00 

•1,416 OO 

From the experience of the past year, I am not aware that any 
legislatiott on the subject can in any way benefit the inspectioti or 
increase the trade; and as an evidence of the value of the inspec- 
tion to the city of New- York, the aceompanynig certificates from 
importen of the article, (many of whom opposed the passage of 
tbi law last sesnon^) is respectfaHy submitted. 

J. D. STEVENSON, Inspmstar. 



CERTIFICATES 

Acoompanyiiig the report of the Inspector of Tobacco 

of the city of New-York* 



(COPY.) 

. ^rewY9rk, I5ik Jamuarp, 1886. 
J. D. 8tbvsn8on, Esq. 

bspector of Tobacco, New- York, 

SIR — ^In answer to your request for ati expression of our opi- 
nion as regards the advantages of a *' Tobacco Inspection" in this 
citj, we have to state, that during the past year we have, as you 
are aware, been purchasers to some extent of tobaoco, and have 
foQod our operations much facilitated by Ihe existence of an in- 
spection. We have felt a greater security, as well as to fairness 
of samples as to actual weight ol tobacco, and have no longer to 
fear various frauds which sometimes have been practised in pack* 
ing this article, particularly in the weight of packages. We have 
every confidence, thus far, in the course you have adopted in the in- 
spection: stripping the cask off; drawingsamples fairly from various 
parts of the package; weighing and marking actual weight and 
Ure; so that a party, whether buyer or seller, knows at once, as 
clearly as the nature of the case will admit, what is the actual 
character of the article. 

If this system is closely continued, we have no doubt '' the sam- 
ples^ of the New- York inspection will, in good time, be recogniz- 
ed in Europe as sufficiently safe guides, and save the necessity of 
re-examinalion. Whilst the fact of actual tare being ascertained, 
aod the mode of inspection guarding against frauds being undcr- 
itoed, tobacco, passing through the New-York inspection, will take 
ta additional high stand in foreign markets. 

Respectfully, 

Your ob't servants, 
(Signed,) DAVIS & BROOKS. 

^ew-Yorky 21 ih January^ 1835* 
I have perused the foregoing letter, and in the major part of the 
contents I concur. Il may be added, that experience will suggest 
some valuable improvements — time will develope them. 

Yours, &c., 
(Signed,) CHARLES OAKLEY. 

To Jno. D. Strvrnson, Esq. 



4 [A9mtH8!LV 

Mw'York, 2Stk January, 1886 
I have had an opportunity of judging of the " Tobacco Inspect 
tion" established in this city recently, and I am satisfied, that if 
the system is pursued as conducted by Mr. Stevenson, it wilt sub- 
serve the interests both of buyer and seller, and increase the trade 
in the article at this market. 

(Signed.? JAMES DONALDSON. 

(S^ed also by) WETMORE, HOPPIN & Co. 

JfeW'York, 28th January ^ 1835. 
We concur in the foregoing opinions in regard' to the *^ Tobacco 
Inspection.''^ 

(Signed,) ROBERT MAITLAND & SON. 

Jfew^Yorkj 2Sth January^ 1835. 
We hereby -ofticur in the foregoine opinions expressed in favor 
of the '' Tobacco Inspection,'' and believe it has thus far bees 
conducted by the present inspector whh correctness and integrity. 

(Signed,) JOHN WILSON & Co. 

Jflew-Yorkf January 81, 1835w ' 
Mr. J. D. STEVEitsON, Inspector. 

Dear Sir — ^We have had some opportunity to judge of the ef* 
feet of the inspection law of tobacco, and of yonr modo of ^conduct- 
ing the same, and take great pleasure in assoring you of the great 
satisfaction which we have felt in the increased facilities we hava 
derived from the same, and especially with the obliging manner is 
which your duties, as inspector, have been fnlfiHed. 

The sales made by us have all been effected by your samples^ 
and in no instance, to our knowledge, has any objection been made 
to the same, even after an examination of the ht^head; while on 
the contrary, the purchaser has- often expressed the satisfactioB 
which your inspection and your samples have afforded hiiTK 

We are respectfully, your ob't serv'ts, 
(Signed,) DEPEYSTER & WHITMARSH,. 

ROWLAND & ASPENWALL, 
THOMAS MAREAU, 
JAS. HAMILTON It SON, 
M. ft R. MAURY. 

JWiD- Fori, January 30, 1 836. 

J. D. St£VKN80N, 

Dear Sir — Having had tobacco inspected at your office at dif- 
fetent times, we take great pleasure in bearing testimony to the 
impartial manner in which you perform your official duties, and 
also to the gentlemanly and frank manner at all times displayed in 
your intercourse with those having business with your office; and 
we have no hesitation in saying, that the establishment of the 
** Tobacco Inspection" gives great facilities both to the buyers and 



No. 45.J 6 

lellert of that article; and we feel sure that all, or nearly all, in 
the trade agree with as in opinion. 

We are, dear sir, very respectfully, 
Your ob't serv'ts, 
(Signed,) CHAMBERLAIN, PHELPS k Co. 

Mr. J. D. Stsven80N| 

Dear Sir — The sales of tobacco made by us since the inspec- 
tioQ law took effect have all been made by your samples, ana so 
&r as we know, the purchasers have been well satisfied with the 



Some inconvenience has been experienced for the want of ware- 
bouses properly constructed, whicn we think will, in a great de- 
gree, be removed when those are obtained. 

Yours respectfully, 
(Signed,) ROBERT & WILLIAMS. 

XeuhTark, 31 Jan. 1835. 

MuhYark, 27 Mm, 1834. 
Mr. J. D. Stkvbnson, Inspector. 

Sir — ^In answer to your request for our opinion of the law re- 
gulating the inspection of leaf tobacco in the city of New-York, 
aod as to the effect the inspection may have on the trade to this 
port in general, we pray leave to say, we consider the law an 
equitable one, affording equal protection to all CQUcerned; and 
from our personal observation, while witnessing the inspection of 
oar own tobacco, we feel assured, if the inspection continues to 
be conducted with the same fairness, impartiality and promptness 
we have observed in yourself and associate, (Mr. Pearce,) it will 
greatly promote the interest of all concerned, and will induce ma- 
ny roercbants, who at present dispose of their tobacco at other 
ports, to bring it here, and thus eventually make the citv of New- 
lork the greatest tobacco market in this country, for all kinds of 
that article grown in the United States. There is great care ta- 
ken in drawing the samples, and returning into the cask all loose 
tobacco which falls out; and we have never seen hogsheads made 
ia better order than ours, after having passed through the hands 
of your coopers; and we do consider the charge made for the ser- 
vices rendered, moderate. 

Most respectfully, yours, 
(Signed,) Y. DANIEL, of Hardensburg, Ky. 

D. S. GOODLOE, Richmond, Ky. 

S. D. JOHNSON, Martinsburg, Ohio^ 



STATE OF NEW-YORK. 



No. 44. 



IN SENATE, 



January 29, 1835. 



ANNUAL REPORT 



Of George Seaman, late Inspector of Pot and Peari 
Ashes for the city and county of New-York. 

TO THE LEGISLATURE OF THE STATE OF NEW* 

YORK. 

r 

Report of the late inspector of pot and pearl ashei for the city 
nd county of New-York, from the 1st day of Janaaryi 1884, to 
llie 81st day of March, indnsiTe, in the same year, Tic: 



Bhh. Pomidi. parlWIbi. Piobtlil« ipifait. 

1,8M 1st sort pot-ashes, containing 015,117 94 50 081 , 180 27 

Ml 2d *' " 08,522 8 75 8,507 07 

45 8d «' '' 20,067 8 00 620 61 

88 condemned pot-ashes, '' 17,078 2 00 841 56 

Scrapings,.... • 10,160 2 50 570 00 

864 1st sort pearl-ashes, containing 827,458 5 00 16,872 00 

112 2d '' '' 44,157 4 25 1,876 50 

5 8d . " 2,866 8 50 82 81 

M» 1.480,646 •64,460 01 



Fm« diaigeaU. on th. aboTdt.^ 01 ,480 66 

RMeiTtd for •torage, 604 76 



«l,044 80 



[Senate No. 44.] 1 



S [SSNATI 

Fxpenses. 

Store renU • • • • #1 ySSS 00 

Pay of assistant inspectors and clerks, 516 00 

Do. coopers, 296 00 

Do. laborers, • 208 50 

Contingent expenses, • • • • 85 65 

•2,412 15 
Deduct fee» and emolumentSy «••• 2,044 30 

Loss to inspector, • • • . • • • #367 85 

GEORGE SEAMAN, 

Late hupeeiar. 
Mw-Yorkj Jan* 1835. 



STATE OF NEW-YORK. 



No. 45. 



IN SENATE, 



January 29^ 1835. 



ANNUAL REPORT 

Of Nathaniel Challes^ Inspector of Lumber in the ci- 

ty of Troy. 

TO THE LEGISLATURE OP THE STATE OP NEW- 
YORK. 

The follcming is the report of Nathaniel Challet, iospectoHr pf 
lamber in the city Troy, for 1834. 

Pcac PirIL TottlviliM. Fms. 

81,089 clear pine, 929 $2,350 03 . 

218,910 2d quality pine, SO 4,378 SO 

129,853 3d *' 15 1,940 29 

493,078 4th '« v 10 4,930 78 

— #345 90 

272,856 box boards,...., 10 2,723 56 68 10 

208,096 thin white wood, lapcrior, 15 1,621 44 40 50 

2,834 1st quality chair plank,. ••• 35 90 19 1 88 

3,656 2d ** '' ••••25 91 40 2 36 

42,250 house beams, 10 422 50 10 62 

22,419 hewn timber, IstquaLpine, 16cts. 4,733 28 59 16 

7,164 " 2d " 

17,114 '< measured only, 16 cts. 1,738 24 2138 

23,326 oak " 21 cts. 4,898 46 29 15 

13,306 maple joist 912 159 67 3 38 

4,788 1st quality ship plank,.... 34 162 79 

4,154 2d " .... 24 99 69 

3 87 

Amount carried forwar4« $ 
[Senate No. 46.] 1 



FVtt. 

10,160 white asb| 



Dedoel cash paid help^i 



2 



[SSNAT] 



Amount brought forward, • 
912 «122 00 3 »Q 



•580 7a 

15 87 
•574 S» 



JHt, 9ih Jun. Wn. 



NATHl^ CHALLES, bupuiar. 



m • 



STATE OF NEW-YORK. 



No. 46. 



IN SENATE, 



January 29, 1835. 



ANNUAL REPORT 



Of Mofles J* Winne^ an Inspector of Lumber in the 

city of Troy. 

TO THE LEGISLATURE OP THE STATE OP NEW- 
YORK. 

The undersigned, an inspector of lumber in the city of Troy, 
reportSy that the annexed schedule presents a correct statement of 
the quantity of lumber measured and inspected by him during the 
put year, and an estimate of the average prices of the same, ac- 
cording to the best of his knowledge and belief. 

Fast • PerM. 

31,816 1st quality pine lumber, ••• 980 00 

54,414 2d '< ....;. 30 00 

75,531 8d '' t 15 00 

670,244 4th *' 10 00. 

521,791 surface,. 10 00 

3,052 cherry lumber, merchantable, 25 00 

21 ,483 Ash lumber, merch't 13 50 

87,731 maple scantling, merch't.... •••••• • 12 50 

35,698 pine house beams^ '' 12 00 

5,386 bass wood half-inch, merch't 8 00 

88,486 white wood, " '' 15 50 

6,261 1st quality white wood chair plank,. « . 83 00 

7,682 2d " " ** ... 28 00 

4,259 hemlock house beams, merch't ..•••.. 800 

Fees for measuring and inspecting the some,. . • • 9467 68 

MOSES J. WINNE, hspectar. 
TVoy, December 1, 1884. 
[Senate No. 46.] 1 



STATE OF NEW-YORK. 



No. 41. 



EV SENATE, 



January 29, 1835. 



ANNUAL REPORT 



Of Edward S. Fuller, an Inspector of Lumber for the 

city of Troy. 

TO THE LEGISLATURE OP THE STATE OP NEW- 
YORK. 

The undenignedy an inspector of lumber for the city of Troy^ 
reports, that the annexed schedule presents a correct statement of 
the quantity of lumber measured and inspected by him during the 
ptst year, and an estimate of the average prices of the same, ac- 
cording to the best of his knowledge and belieC 

FmC. ^ PwM. 

45|416 1st quality pine lumber, • $80 00 

1849146 3d '< 30 00 

130,755 8d *< 15 00 

406,735 4th '' 10 00 

388,954 surface, ^' 10 00 

1 ,396 cherry lumber, merch't 35 00 

358 curl maple lumber, merch't 50 00 

4,075 oak lumber, " 30 00 

1 ^094 cubic feet, pine hewn timber, 1 35 

306 walnut lumber, merch't 80 00 

5,647 maple scantling, *' 13 50 

7,850 pine house beams, merch't • • • . • 13 00 

9,067 bass wood, half-inch, merch't .•..••.•• • 00 

14,148 white wood, " " 14 00 

4,317 1st quality white wood chair plank,. • • 88 00 

3,079 3d " " " ... 38 00 

[Senate No. 47.] 1 



2 [S 

F6et« Ptt IL 

57,643 ash lumber, merch't • ^IB 50 

24,218 hemlock house beams, merch't .• . • 8 00 

Fees, 9388 80 

]^DWARD S. FULLER, bupeciar. 
TVoy, JVbv. 7, 1884. 



* 



STATE OF NEW-YORK. 



No. 48. 



IN SENATE, 



February 12, 1835, 



REPORT 

• « - • 

Of the Comptroller, in relatiofi to the Safety Fund, &c 

COMPTROLLER'S OFFICE, ) 
Albany, JM. lU IB9S. ) 

The ComptroHcT, in «f»wer to a resolotion of tlte Senate of 
the 8d inst. requiring a statement of ** the amount of moneys al- 
tniy paid towards the Banlc Fund, specifying the capital of each 
btnk, the whole amount paid by each, and the number of pigr* 
meats made by each/' 

# 

BasPBcrruLitT Rbpoets; 

That a statement has been prepared, and is herewith submitted^ 
which exhibits, in corresponding columns, the capital of each bank 
embraced within the Safety Fund system, the contributions in each 
year, (rom 1830 to the present time, and the total amount paid by 
«sch bank from the time it became liable to contribute to the Safe*> 
Vf Fund up to and including the instalment due on the first of 
Jiouary, 183ft. 

The contributions to the Safety Fund for the last five years hare 
been as follows, viz: 

For the year 1830, ..•• (MMSS 67 

<' 1631, 63,637 62 

'' 1832, 04,295 60 

** 1633, • 105,139 54 

^ 1834, • 118,048 66 

Total amount paid into the treasury ,.•• • 0407,004 00 
[Staato No. 40.] I 



Tbe Buxtt paid into the treasury for the uistalinent due on the 
1st or January last, will be iiiTcstcd ia State stock, beariog interest 
at the rate of 4} per cent^ aceording to the provisioua of the 5tb 
section^ chap. 274, of the Laws of 1889; 

The condition of the uiTe8tments« tbereforOr may be stated a» 
follows^ vizr 

« 

In Caimi stock, at 5 percent,.*...*. ».»»• ..^. ».»»...• 88^082 40 

Astor stock, '' 92,000 oa 

State stocky for loan to (General Fund, at 4i per ct, 296^074 57 

8396,156 97 

Due from revenue to capital^ .••».•• ^^^^ 6,041 21 

Money in the treasury,^.^ » ^.. ...»...•• ».. 4,806 8t 

8407,094 91^ 



When the contribntionfe required of the banks under the Safety 
Fund aystem are compkted, it ia estimated that the tota> amoent 
of the Safely Fund will be 8880,000. 

The revenue of the fund li>r the present year, it is estimated,, 
will pay the salaries of the Conimissioners, reimburse the amount 
due from revenue to capital, and produce a surplus of l^ut 84,000. 

Respectfully submitted. 

A. C. FLA6C. 



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STATE OF NEW-YOlUL 



No. 49. 



IN SENATE, 



January 31, 1835. 



ANNUAL REPORT 

Of James HoUiday, Jr., Inspector of leather in the 

city of Troy. 

TO THE LEGISLATURE OF THE STATE OF NEW- 
YORK. 

James Holliday, jun., one of the iDspectors of leather for the ci- 
ty of Troy, respectfally submits to your honorable body the follow- 
iBg report of his inspection for the year ending December 31, 1884. 

Best, 108 8,1491 22cts. #602 80 

Good, 1st quality, 626 0,948 18 1,660 74 

" 2d '' 1,003 16,6281 17 2,826 54 

" 3d *< 510 4,006} 16i 828 42 

" 4th " 260 6,728} 16 1,076 48 

'« 5th '' 820 11^608 15 1,741 28 

'* 6lh " ..... 520 7,626 14 1,067 64 

Damaged, 1st quality,.. 10 211 13 27 42 

'* 2d '' .. 100 1,471 12 176 61 

'' 3d «* .. 416 57,4111 10 5^741 18 

Bad, 05 1,243 14 174 02 

4,670 121,016 $16,008 17 

Fees, •187 16 

Deduct cash paid help,. 21 50 

#165 66 

JAMES HOLLIDAV, Jr., Mspector. 
TVoy, Jan. 18, 1835. 

[Senate No. 40.] 1 



STATE OF NEW-YORK. 



No. 50. 



IN SENATE, 



January 31, 18^. 



SECOND ANNUAL REPORT 



Of the Trustees of the Greenwich Savings Bank, for 

the year 1834. 

Pursomnt to the provisions of an act, entitled ** An act to incor- 
porite the Greenwich Savings Bank," the trastees now beg leave 
to present their second 

RsPOBTy A8 POI«LOWS: 

FirsL — That the trustees have received from one thousand three 
bandred and nine depositors, from January first, 1834, to the 81st 
of December, 1834, the jnim of eighty»nine thousand nine hundred 
and fifty-nine dollars and thirty*ntne cents, in the following man* 



In the month of January, 


fronk 136 ( 


depositors, 


•18,lSa 81 




< H 


February, 


" 84 


<i 


3,826 iO 




C tl 


March, 


" 117 




7,887 66 




t ii 


April, 


« 72 


" 


4,896 89 




* a 


M»y, 


« 84 




6,770 56 




i u 


Jaoe, 


« 160 




d,855 19 




1 /( 


July, 


*' 94 




6,570 35 




( it 


Augwrt, 


" 120 




10,516 78 




( It 


Septenber, 


*' 128 




8,188 48 




1 tl 


October, 


" 72 




8,473 65 




t c< 


November, 


u 71 




8,896 19 




1 (( 


December, 


•• 176 




18,844 It 






1,800 




#69,999 89 


[€ 


Senate No. 


SO.] 


1 







[S 



of which number 400 are new accounts opened with the bank, 

and 900 are re-depoflts. 



1^309 



Second* — That the tum of forty«two thousand three hundred and 
forty-five dollars and twenty-fire cents, has been drawn out by 
five hundred and ninety-six depositors. Of this number, one hun- 
dred and fifty have closed their accounts. 



In the month of January, 


paid 


47 drafts 




. |2,947 09 






February, 


ii 


41 


« 




3,488 13 






March» 


« 


55 


M 




6,487 43 




, 


April| 


CI 


- 58 


u 




6,403 43 






May, 


i( 


47 






. .2,450 66 






June, 


cc 


60 






2,643 75 






July, 


cc 


55 






8,871 77 






August, 


«c . 


55 






2,003 88 






September, 


cc 


37 






3,080 80 






October, 


€1 


61 






4,045 70 






November, 


CI 


50 






8,047 17 






December, 


«< 


40 
506 






1,884 64 




•42,845 35 



Third. — The depositors have been classed under the following 
heads of professions and occupations. 



Apprentice, 

Boarder, 

Bleacher,. •• •• . 

Boarding-house keepers,. 

Broker, 

Boot-maker, .•• 

Brass turner, •••••••••. 

Blind-maker 

Bakers, . • • • • • . . • 

Blacksmiths, ••• • 

Bricklayer, • 

Builder, 

Carpenters, • • • • • 

Cook, • ,• 

Copper-plate printer, • • • • 

Clerks, ; 

CartmeUf •••••• 



1 
1 
1 
4 
1 
1 
1 
1 
6 
4 
1 
1 

32 
1 
1 

16 



Collector, ••• 1 

Cabinet-makers, • • • 6 

Cordial & liquor dealer, « 1 

Coal dealer, • • • • • I 

Clerk in post office, 1 

Card factory man, 1 

Coachman, • 1 

Comb-maker, • 1 

Cordwainers, 8 

Cap-maker, ••••••• 1 

Dyer, 1 

Domestics, SO 

Deputy keeper penitentia- 
ry, 1 

Embroiderer, 1 

Farmers, •••••••••••••• 6 

.« 1 



7 I Fisherman, 



No. 50.] 



• • «-• « 



Gardenen, 

Grocers, •. 

Gilders, ... 

Gate 

Glover, ••••«•••••••«•• 

House-keeper, 

House carpenters, •••••• 

House maid, 

JeweU|r, «•• 

Keeper of State FrisoD,. 

Laborers, • 

Laboring woman, 

Masons, .••• 

Marble cutters, ••••••••, 

Marble polishers,.*.* ••• 

Merchants, ••••• 

Manufacturer, 

Milkmen,. • • • 

Matron of Magdalen in« 

stitnte, •••f... 

Machinists, • • • • 

Milliners, 

Moulder, 

Mate of vessel, 

Miner, ••••• 

Notary public, 

Night Scavenger, 

Norses, i 

Oilpedler, 



Pavers, 

Pedlers, .'• • • • 

Physicians, •• • 

Portrait painter, 

Printers, • ; 

Plaisterers, ..•• •••. . 

Paper carrier, 

Porter, ...^ • 

Porter-house keeper,. 
Shoemakers, .•••.•• 



• . • 



4 
14 
2 
1 
1 
1 
8 
1 
1 
1 
14 
1 
23 
2 
2 
6 
1 
3 

1 
2 
3 
1 
1 
1 
1 
1 
2 
1 
2 
2 
S 
4 
1 
4 
4 
1 
1 
1 
1ft 



i« . 



. . 



Servants, 

Sawyers, •«...••••.. 

Stone cutters, • • 

Shoe-binder, •• 

^tore keeper, 

Sheet-iron maiker, 

Seamstresses, 

Silversmith, 

Sweep driver, 

Sexton of church,.. •• 
Sash-makers, ...••••. 

Surgeon U. S. N 

Shop-keeper, 

Stuaent of divinity, 

Sugar refiner, • • • 

Ship Carpenter, ••....•• 

Slater, 

Ship master, .....; 

Stock maker, 

Tailors, 

Tailoresses, •...•• 

Teller, 

Turner, ...••••. 

Toll gatherer, 

Thread winder, 

Teacher, 

Tin plate ' worker, ...... 

Umbrella-maker, 

Victuallers, ••.••....•• 

Varnishers, . • 

Weavers,. ••••.• .. 

Wheelwrights, ••••••... 

Waiters, • 

Watchmaker, .... •••••• 

Water carrier, 

Not described, being mi- 
nors, orphans^ kc 



5 

S 
10 



1 



1 

14 



8 

2 
S 
8 
2 
1 
1 

60 
400 



DESCRIPTION OF PERSONS. 



Widows, •.« 21 

Moon, ...7 17 

Single women, • 48 

Coloured persons, ...... . 8 



Trustees, deposits in trust 
for children, orphans, 
&c., 



50 



144 



Jbarl*.- 
From 



u 



-The deposites have been made in the following 

1 to 5 doHars, 180 

178 



5 to 



10 



CI 



4 [SsifATK 

From iota 20 doUtr^r ^^ 

«< 20 to SO '' •...•..••«*•..* 1&3 

«« SO to 40 "" *• t» 

^ 40 to 50 '* Ufk 

•« 50 to 00 •^ ev 57 

•< 60 to 70 " 20 

'< 70 to 80 '< •^«.iv«-- 99 

•< 80 to 90 '' fo 

•< 80 to 100 '' 88 

« 100 to 200 ** : 11* 

<< 800 to SOO ^' .^^^.ff. 30 

"« 800 to 400 *^ .^...^ 20 

<' 400 to 500 <' 1^ 

« 500 to 000 ** 4 

•« , 600 to 700 " 8 

700 to 806 •* 8 

1,000 to 2,000 «' •••. t 

2,000 to 8,000 <' 1 

8,000 to 4,000 '' ^ I 

. 1,800 

■ MliJW 

RECEIPTS. 

From Jnl7 1, IStS, to Jan. 1, 1884, by 888 dep.. f78,0M 09 

Fwm Jan, 1, 1884, to Janl 1, 188«, by 1,809 dep.. 88,«69 Sf 

9,107 •168,05# 4» 

REPAID. 

From July 1, 1888, to Jan. 1, 1884, to 107 

draft*, r.lll » 

Frpm Jan. 1, 1884, to Jan. 1, 1885, to 596 

drafts, 42,845 95 

~ — ^-r-. 49,456 SO 

Total drafts, 708. " 

Balance, #118,601 



4( 

u 



The fundt of the inttitution are invetted in, end ooMiil of^ 

lit Ponded debt of Pennsylvaiiia 5 per cents, at the 

parTaloe 620^000 00 

1^ |er eeni premium and ch^iges ipaid on do^ ••• • 75 04 

Carried forward, •• f 



No. 50.] i 

' Brottght forward, f 

Funded debt of Ohio canal 6 per eta. par value, 16,000 00 
17 per cent premium and charges on do. •••••• • 8, 598 87 

U. Temporary loan to the Greenwich bank, at the 

rate of 5per cent per annum, •• •••• •• 82,489 30 

#120,158 11 



Pment yalne of Pennsylvania 5 per cents is 108 

^ Ohio canal 6 per cents is •••••• • 132i 

GEORGE SUCKLEY, Pre^t 
[i. s. ] B. B. HOWELL, Se^y. 

JnMory 1, 1886. 



STATE OF NEW-YORK. 



«Mki 



N^. 51. 



IN SENATE, 



February 2, 1835. 






ANNUAL REPORT 

Of Tkomu. Gardner,, an Inspector of Beef and Pork 

in ike city of New.York. 

TO THB Lfi^WLATVI^ OF THE STATE OF NEW- 

YOKK. 

In confonnity with the proTisions of the laws regulating the 

iBipectioQ and repacking of beef and pork, I hereby report, that 

tbe qaiDtity, quality and value of the beef and pork inspected and 

repicked by ne, from the Ist day of January, 1884, up to the Ist 

<ity of January, 1885, in the city of New- York, are as follows: 

Bhk BerbbL TotalTalne. 

1,971 mess pork, 914 •27,694 00 

I S,468 prime pork, 91 28,446 00 

84 clear mess pork, •••• • 16 54400 

400 messbeef, > 8,600 00 

640 prime beef, •••• 6 8,840 00 

\ 55 rusty prime pork, .•••• • 8) 45875 

20 rusty mess da 11 280 00 

68 thin mess do • 18 884 00 

47 butts andrump pork, 0} 446 50 

140 softmesspork, Hi 1,610 00 

86 head and shoulders, 6 216 00 

17 neck pork, 8 186 00 

108 soft prime pork, • .•••••• S^ 918 00 

Carried forward, ... • • 
[Senate No. 51.] 1 



t [Si 

Brought forwudy » • » » .$ 

40 worn VMnjK>ikj€. 9h 98U OO 

107 siunB and heads, refose,.. f^ 58S Oa 

6,181 

151 half harreb inetiheef,.. 5 765 OO 

SO «« prime porky.t 5 lOO oa 

TtT •65,488 S5 

kiipectioB fees, 15 cts. per barrel,. 8098 65 

Cooperage, trinuning and pickling, 10 ctt*. 615 10 
Fees per half bbl. 12 cts. trimoung ud pick- 
ling,. 10 cents,. •••• 87 68 

#1,676 87 

THOlfAS 6AKDNER, Jiurpfftar. 



STATE OF NEW-YORK. 



No. 52. 



IN SENATE, 



February 2, 1835. 



m 



ANNUAL REPORT 

Of Henry Salsbury, Inspector of Lumber in the city 

of Albany. 

TO THE LEGISLATURE OF THE STATE OP NEW- 

YORK. 

The subscriber, one of the inspectors of lumber of the city and 
eonoty of Albany, respectfully reports, that he has measured and 
inspected the following lumber in the year 1834, ending on the 
'l>t day of December, together with average prices of the same. 

1|'16,958 1st, 2d and 3d qualities pine plank 

and boards, • «22 $38,972 96 

^>M9,859 4th quality pine boards and plank, 10 16,398 59 

323,225 I 1st, 2d and 3d qualities pine bds. 18 4,018 66 

490,894 t 4th quality pine boards, 9 4,418 04 

40,706 maple boards and joist, ; . 10 407 96 

138,733 white wood boairds, 11 1,566 88 

8,545 1st quality white wood plank,. ••• 82 273 34 

7,379 2d << '' .... 20 167 58 

33,730 beam timber, 10 337 30 

43,883 ash plank, 14 * 614 36 

27,527 oak plank, 20 550 54 

25,063 cherry boards and plank, 20 501 26 



8,997,587 958,227 47 

Fees received, • |1,262.30 

HENRY SALSBURY, hupectar. 
JUbmy^ January 23, 1835. 

[Senate No. 52.] 1 



STATE OF NEW-YORK. 



No. 53. 



IN SENATE, 



February 5, 1835. 



ANNUAL REPORT 

Of the Trustees of ftie Sailors' Snug Harbor^ 

3b ike Honorable the Senate qf the State of JSTeio-York. 

The Trustees of the Sailors' Snag Harbor, in compliance with a 
itandiog resolution of your honorable body, have the pleasure of 
preientiDg their annual accounts; shewing the receipts and expen^ 
ditares from the Slst December, 1838, to Slst December, 1834; 
«lso the present state of the funds and estimated income for 1835. 

There is now in the Snug Harbor, fifty-four aged and disabled 
teamen, who are entitled to support under the provision of Mr. 
Rtodall's will; and the doors of die Snug Harbor are open to fur* 
ther applicants. 

Those aged men are plentifully fed, comfortably clothed, and 
aipiAed with every thing requisite to soothe their declining yeank 

ReqpeetfuUy, 

Your ob't servant, 

a W. LAWRENCE, Pra^L 
JVkis-Tbrt, Jammary 15, 1686, 

[Septte, No. 58.] 1 . 



/ u- "^ 



MPORT, 8mv^ fel' 







7b fAe Thistees of the SaUorf £f»ug Harbor^ 

The annnal^ report of the treasurer, shewing the receipts and 
expenditures Qn account of the trust, from the 81st December, 
1888, to 81st December, 1884; also the present sUte of the funds, 
and estimate of income for 1885, is respectfully submitted. 

RECEIPTS* 

Ground rent coHeoted in the 15th ward,.,., »••••« tlT^OSS 50 

House rent ^' <* ••«••••«.. 462 50 

Store and ground rent collected in the 1st ward, • . • 3,842 50 

hterest on bond and mortgage, •••••••« 2,817 10 

DtTidends on bank and insurance stock, .^^•••••••» 2, 029 24 

Joo. C. Morrison's note paid,. •«• ..« ••••«..• 4|320 00 

Junes Whitte's bond and mortgage paid in, .«•••• • 2^ 500 00 

Iron pipes sold to N. Y. gas company, •«••• 41 69 

Boarding carpenters and masons at the asylum, • « • « 95 19 

Outstanding rents and interest of 1838 collected, •«•. 595 521 

Sundry produce sold from the farffl,.«».» « •• 820 85 

Damage by fire, from Farmer's Fire and Loan Co. 22 75 

Sundries sold Seaman's Fund retreat, ..«« 181 12 

59 transfers of leases and 10 certificates of approval, 187 00 

Shingles remaining from the out-building sold, 80 60 

Brick sdid to G. Thompson, 8 50 

Balance of cash on hand 81st Dec 1888,«.«« 2,011 96 

$86,756 611 

DISBURSEMENTS, 

Corporation taxes, assessments and sundry repairs,. 91,424 28 

Loans on bond and mortgage, 15,500 00 

Building, bake house, store house, wood and coal 

house, ^•••. 2,868 00 

Carried ever^ ^ ., $ 



4 [SnnArm 

Brought forwnrd, •...•• ^ 

ISfain buirding, . . • • • •.••••^..^ 1,281 8a 

On acct. of farm purchased of Soria & Co »• •• 600 00 

Drains from tho main building to the river, 070 7^ 

Covering the reservoir, ^^,1 «> ••i,* ^ ; .n « r< r ...... r 217 82 

Wm. Post for paints, oils, &c..... ••; ^. , 110 0^ 

Repairing the columns in front of the building, »»• » 261 06i 

Blasting rocks, fencing, and labor on the farm,, • . • 668 12 
Manure supplied in 1882, and Ixeight of 1,882 iWs 

tnppliedin IBBSi^.i* .^.^^i .a. ..4... ...i...^i 481 91 

Fariner'a and Gardener's wages, (twelve months^) . » 418^ OO 

Breoting irionameol to the memory of Mr. R&ndaUi 1 ^477 49 



I • i 



$25,679 I4i 

Supplied, Ijfc. 

Th^xxvBA & Bbn^s bitt^ kiteh^d furnituire^.* |86 44 

Wblnioi^'s bill, crockery,.... ;. 69 84 

Pardon h Son's bill, raveni duek^ ^ • • • • • • 56 80 

Crocheron for soppfy of woodf i.a* .$•»«.» toO0 

Stokes and Co'9. bill of coal, • •••».•<•«• 378 00 

L.Roslin, white sand^...»«.»«i;. •••«•• • 18 11 

Davall's bill, clothing, 420 00 

G. Bumham's bilT> flanneU ^ • • »• • • 02 82 

A. k T. Haightf 8 bill, sheetings, 60 89 

T. Rnssel, I cask beans,..*. •... ••••.. 7 94 

L*atourette, for 5 doz. black stocks, •••••• 17 50 

R. Sedge wick, 88 bbls. flour, ••.».»••.• 198 89 

Matron, steward and nurses'" wages,. ••• 581 00 

Med[icine and attendance, ...« ..••• 189 11 

Mcrsereau, for supply of groceries, 907 8S 

Bush, for supply of bread,. ..•...•••••. 858 50 

Durbrow, for supply of beef,.... 573 10 

Fullager's bill of boots and shoes, 84 52 

Ostrander, for 2 bbls. pork, •••• 21 94 

Making sundry wearing apparel, 1 1 50 

John L. Riker, for official service, ^ <. • .. 839 20 

Aymar, for an American ensign, twine for 

gill iiet, &C. 70 39 

Stock for the farm, • • 40 00 

Westerfield^ for iron pipes, 46 60 

— 841581 07 



». 



Carried forward, 880^260 SI ft 



B^ou^htfbrtl^&hl,... |30,tM0 iU 

D. P. Riker, commissioner's feos, • 87 00 

Betsey Shields, legacy, .•••••• 100 00 

New- York Gas Co. for iron pipes, brass 

cooks, &c • ••••••• 87 84 

Petty cash, -. 132 01 

Removing remains of Mr. tlandall, • • • • • 27 00 

Pass tict^ts, freight, &c 60 00 

Regalating the bank, 848 75 

Salaries, •• 1,700 00 

Fumitory and fixtures, • 109 00 

Premiam of insurance, •• •••; 91 60 

Setting out sundry fruit and forest trees, 135 37 

Incidental expenses, •••• 429 20 

83^308 77 

Cuh, balance on 31st Dec 1884, ...., 8,187 63 

(86,756 6H 

Outstanding rents and interest^ 1st JVbv. 1634. 

. Aen/s* 

Bridget Cook, 868 00 

J. Labagh and others, •••••••• 350 00 

R.G. Day...... ^ 13 75 

J. P.Allison, • 36 00 

P. Storni, ii 375 00 

Jai. Housten, ^ • .••••. 50 00 

ft 

hiteresL 

J. P Allison, ,.. .. 140 00 

B. Cook, : 9 00 



•1,041 75 



Statement of the present state of the Funds at par value. 

326 shares Manhattan company, at 850 per share,. 816,300 00 

687 ** Mechanics' bank, 25 " . 17,175 00 

120 <« Merchants' bank, 50 '* . 6,000 00 

25 «< Mutual Ins. Company, 50 «V , 1,250 00 

Loans on bond and mortgage, ...» ••.... 57,800 00 

Outstanding rents and interest, as above, •••• 1, 041 75 

Cub. Balance on hand 31st Dec. 1834, 3,187 63 

8102,754 88 



[Sbnats 

The Jinnual Income and Receipts for the year ISZb, are etiimated 

as follows : 

Ground rent 15th ward, #18,218 35 

House rent, 3 tenements in do. 750 00 

House and store rent, 1st ward, 8,072 50 

Dividendi on bank and insurance stock, estimated ac* 

cording to last dividend,... • «« 2,929 24 

Interest on bonds and mortgages, • ••• 8^508 00 

Outstanding rents and ibterest, • 1,041 75 

#20,519 74 



JNO. WHETTEN, Treasurer. 
JfeuhYork, 15th January ^ 1885. 



STATE OF WEW-YORk. 



f •■ "i I "'•'i"'^ ■ 



No. 54, 



In senate, 



Februaiy 21, 11^. 



wamaaatm 



REPORT 

Of fhe select committee on sundry j^titidiis of mer* 
chants, traders; and others, from the cities of New* 
York, Albany, Troy and Brooklyn, and from the 
cbunties of Orange', Dutchete and West^^hester. 

Mr. Macdooald, from the select oommittee to which was re» 
fcmd sundry petitions of merchAnts, traders, and others, from the 
dties of New-York, Albany, Troy and Brooklyn, and from the 
coQiBties of Oimige, Du&hess Md iVestchesterv praying for the 
pusage of a law to regulate the weighing of merchahdite, &e., in 
the city of New- York, and fm* the appointment of a weigher-ge* 
nerti to superintend the same, 

KEFORTED: 

That the petitioners complain of the present system for the 
weighing of merchandize in that city, as entirely insufficient, and 
tt requiring amendment and alteration. The person having mei> 
chtndize to sefl, usually selects his own weigher, whom he enga* 
get to do all his weighing, while the buyer, who is obliged by law 
to pay half the weigfaer's fees, never perhaps even sees the weigh- 
er. The weigher, thus knowing not the purchaser, but looking 
entirely to the setter for business and support, who engages and 
pays for hit services, is not deemed sufficiently independent to do 
impartial justice between them* 



The petitioners complain that the business of weighing is ye* 
ry unequally distributed amongst the weighers, and that while 
[Senate No. 64.] 1 



some of tfiem^ tiiroQgh fevor, or other caoae, become richy. others 
are unable fo make a livelihood^ though in all respects eqoaHy in- 
dustrious' and deserving. 

Thef therefore pray that a law may be passed^ directing the 
appoinfment of a certain and sufficient number of weighers, and 
also of a compelent person to be known aa Wether-general, who- 
shall supertntead the weighing business; and that this officer shall 
keep an office where all persons desiring ta have merchandize 
weighed may aif)pfyr ^^t he shall equalize the business of weigh* 
ing among the said weigliersf and that be shall keep a register of 
all merchandize so tr^tghed^ Wttk iti€ weight of Ihe sanse, which 
shall be open to the inspection of any person having an interest 
therein. 

The committee me inlbrmed that heavy aud bulky lurticlesaqre 
often ^uad %o fall short of the weq^ht marked and charged, and 
that this has been a frequent iDbject of comqplaint^ In many cases, 
and probably in mos% Ihe loss h|is been so inconsjiderable as to be 
disregarded by the purchaser, and placed to the charge of accident. 
But latterly the frequent oecurrence of these little losset has earci- 
ted atteutioo, luid the pwrtsbaser has been led to doubt the oofiect- 
QOH oi the weigher's matks« la sc^ne cases, the loss of we^t haa 
been very coaside^le, so as to cause difficulty, and >e%uifa,ociB* 
pcin^alioQ to the purchaser. 

A number of the petitioners are known to the members of this 
committee, as merchants of respectability, and they have convers- 
ed with several disinterested gentlemen, who vouch . for the truth 
of the above statement. There can be no doubt, therefore, from 
the representations thus made to the committee, that articles are 
often found to fall short of the weight marked and charged; and 
tUough in most instances, such difference may be of jhcensiderable 
aihount, still it is an evil which should bcf corrected if possible. 

It is represented to be a cemmtm practice aesougst weighes% for 
the purpeee of secorfaig employment, to linderbid otte aaother, and 
frequently to weigh ibr their employer at k aum mdeh lesfe tha» 
the legal fees. But the employer chavges full feca to his consignee^ 
or the buyer, as the case may be, and pockets the dtfbr^nae< H 
is hardly necessary to remark, that the weigher, who would resort 
io these miBMi to obtain employment, could scarcely be considered 
feeyohd thi reach of dther means to obtll^e his employer. His nb- 



eamties mighl tampd liiiDt oiat^e 4htn ike dettve Sot gidn, from Ibe 
line ef duty. . 

A few iotftaoces of abuses under the present syaitem, will be 
giFen, fro^ letters which have been furnished, to the committee.— 
A weigher is employed as a derk in a large establishment, at a 
salary of 9509, together with one-fourth of the fees for the weigh* 
ing done there. His employer pockets the other three-fourths of 
the weigher's fees, amounting perhaps .to twe or three thouyand 
•dollars a year. Aaother house is mentioned, which sells about 
90,000 bales of cotton finnually, upon which the weigher is com- 
pelled to throw off two cents on a bale, of his fees, and thus the 
house, which chmrges full fees to the planter, pockets #600 a year 
out of the poor weigher. 

A merchant writes, that at one time a ton of merchandize which 
he had purchased, was found to fall short upwards of 100 lbs. from 
tbe weigh-master's certificate; and that he was put to considera*- 
ble trouble to get this amount deducted from the bill. Another 
mentions the loss of 200 lbs. weight on a lot of Spanish tobacco, at 
iO cents a pound, which he made appear so plain to the seller, 
that the r^uisile dedQctton was made. 

Many of tbe weighers complain that they are .often urged to 
weigh close, and told that if they do so as much will be saved to 
the employer as will pay the expense of weighing. Sometimes 
they are requested to weigh with a standing beam, (horizontal or 
equipoised,) instead of allowing down weight, as is proper «nd 
Qsual; and for refusal to do so they are domissed, or never again 
employed by the same person* They complain that for fear of 
losing custom they do not feel free to speak and act as they 
should; mod that they have frequently lost emjdoyment, by reason 
of doing what from their oaths and m their consciences they were 
bound to da 

A;weigher writes that he was called upon by the purchaser of 
900 bundles of hay, upon an agreement between the buyer and 
the fanner that 20 bundles were to be taken out promiscuously 
and weighed, and that the whole 200 bundles were to be. estimat- 
ed at the average weight thus obtained. When he commenced 
weighing, the purchaser requested him to select the lightest bun*' 
Ales, and take no account of those that held out, which request be 
did not comply- with. He however says that he enlculated the 



4 (Sbn 

foit to the farmtr^ if he had follbwed the dtMcti<Nit of his employer^ 
and found that it would have been from $65 to t60« At another 
time he wat employed to weigh 75 bales of cotton, and was re* 
quested to use a standing beam, instead of down weight, as other* 
wise his empfoycr toTd him there would be a Toss on the salcn 
The difference in this casfe between a litanding beam and dbwik 
weighty (about two pounds,) would be 15(y pounds of cotton, equal 
in value to 927. The next time he was called upon by the same 
person was to weigh a lot of hay, under circumstances similar ti^ 
the first case, but with positive orders to select the Tightest bun-* 
dies. This he refused to dp, saying to his employer that he was 
under oath and could not; and in consequei^ce was never empToj- 
ed again by this person. ' 

A person concerned in the foundry business complains of abort 
weight by the returns of the city weighers, which sometimes he 
could get aUowed to hhn, and sometimes could not, from the aer* 
ler. He says he has purchased iron at the weigh-master's certifi^ 
cate, when the same had been iveighed by a cTerk or other person,, 
employed by the weigher, who himseTf had never seen it* 

A dealer in stoves says that rr frequent and great injostiee had 
been done him, by weigh-mastcrs in the employ of those of whom 
he purchased, that he had determined not again to buy by weight* 

A whotesieile and retail grocer, complariring of short weight, says 
that the petition now before the Legislature suggests the proper 
remedy *' for this so frequent evil, by making the weigher inde* 
pendent of those who ex^peet partiality in retnrn for patronage J* 

A gentlemah engaged in pretty extensive mercantile, businesa iq 
^ country, now a Ynember of the other House, mentioned iaci* 
dentally to one of thia committee that the impositions in ahorl 
weight had been so frequently practised upon him, in the article 
of sugar, that he had determined some time since to have the svh 
gars which he should purchase put into barrels, so that he might 
bold the seller liable, without any reference to a weigh-master'a 
certificate. 

A large house in the city procured the appointment of one of 
their clerks, (in their serstce m a fixed salary,) as a weigh-maateK, 
without his request or knowledge. Whether be gets the whole 
or only a part of the fees is not known, but it ia Tsry likely that, 



No. 54.] $ 

o iDsseTerml other avowed catot, so in this, ibe weigher only re* 
oeivef a portion of the feesi while his employers add the residoe 
to the profits of their house. This weigher sqrely is not in a situ* 
ation proper to render justice impartially between his employers 
and those to whom they sell, or of whom they purchase, nor can 
hit appointment Jbe ebmmended i^ a discreet or even safe exercise 
of power* . 

There are now in the city of New- York some fifty or sixty 
weigh-masters, which is deemed by far too great a niimberi be* 
cause it l^frds to the eyils con^plained of, by Inducing to unworthy 
means in ordjer to procure bufioess. Some of them,, as^mi^y have 
been peeut '^re in full employment, while others, who will not or 
cao not resort tp the same meansi got little or nothing to do^ 

These weighers are now, as it appears, unconnected with and in** 
dependeut of each other, and, but illy regulated, or disregarding in 
a great measure, such regulations as have been adopted for their* 
government. A person desiring to have a small quantity of mer- 
cfaaadixe weighfc), in a case where the fees are inconsiderable, is 
frequently pot to much inconvenience and trouble, before be can 
find a weigher who w^ll attend to it 

By an ordinance of the common coi]|ncU| tlie weigh-masters are 
re(|uired to make a monthly report to the c\ty inspector, of the 
amount, nature and valine .of the articles weighed by them; and 
yet, it is certified to the committee, ^hat during the last eleven 
years, (and perhaps for a much louger period,) no such report has 
beei) made. 

It will thus have been seen, if tjie fticts above set forth are to be 
relied on, and the committee q^nnot doubt their cor^ctnesii, that the 
present system for the weighing of n^erchandise in the city of New- 
York, is very imperfect. Indeed, from the extent of the existing 
?d)iises, it may not be too much to say^ thfit it is radically defective. 

\ weidHMster is now obliged to go about and solicit patronage 
and favor, by offering a part of his legal fees Xp his employer, and 
makiag the nest bargain he can, or else go without busjness. The 
▼alee of the itierchandize weighed in the city of New* York, in the 
course of a year, by these oflicers, has been estimated at 91 50,* 
pOb/kM; and yet, such is the condition of things, that public offi* 
Mi'charged to render impartial justice in. the t^ransfe^ of this im* 



« [Sbn 

menM amomit of property, can only be vioivvod as the aiere agents 
of an interested party. 

It is .|)elieved that the appointment of a weigher-general, with 
instructions to distribute the business and fees of weighing equally 
amongst the weighers, would, when carried into effect, cut off all 
inducements and tendencies to favor or fraud, between the weigher 
and the employer. This would make the weigher an independent 
and impartial officer, such as the laws intend, and the ends of jus- 
tide' require* 

An attempt was made in the common council of the city of New- 
York, some' five years since, to remedy the existing abuses. Mr. 
Stevens, then a member of that body, expressed doubts, (as the 
committee are informed,) whether they had the power to enforce 
any regulations on the subject, and gave it as his opinion, that this 
could only be done by the Legislature. Nothing was done at that 
time in relation to the matter. 

Weigh-masters are now appointed by the common council of 
that city, who are authorized by a law passed by the Legislature In 
1801, to appoint so many to that office as they shall deem necessa- 
ry; and to remove them and appoint others, and to fix and alter 
their compensation at pleasure. At the time this law passed, there 
might not have appeared any objections to conferring this authori- 
ty upon the city. The duties of the office arc, however, not of a 
local character, but afiect the whole State, and indeed, all persous 
buying or selling goods in the New- York market. This fact, to- 
gether with the great amount of business now to be done by these 
officers, renders it of the greatest importance to the public, that the 
Utmost confidence should be placed in their impaatiality and justice. 

The regulation and appointment of inspectors of flour, beef and 
pork, spirits, ashes, &c., formerly exercised by the authorities of 
that city, in conformity to its charter, have been resumed by the 
Legislature and State authorities. The regulations adopted in 
1832, by the Legislature, over the measurers of grain of that city, 
have been found highly beneficial and satisfactory. In that case, 
some doubts as to the right of the Legislature to interfere, were 
put at rest by the very able report of the then committee of the ju- 
diciary of the Senate on the subject. But in the present instance, 
as the regulation of the weighers was not one of the original char- 
tered rights of the city, but was given to the common council by 
the law of 1801, there can be no difficulty in this 



No. 64.] 7 

The only question to determine then, is, \vheiher the office of 
iieigher should be under the direction of the police of the city, or 
of the State Legislature; whether the subject matter will be more 
discreetly and safely exercised by the city or by the State autho- 
rities. 

The committee can have no doubt upon this subject Their con- 
chsions are, that the abuses complained of actually exist, and that 
the only way to ensure a thorough and permanent remedy, is 
pointed out by the petitioners* 

They therefore recommend that a law be passed, authorizing the 
sppoiDtment of a weigher-general, and a limited number of weigh- 
en; and making it the duty of the weigher-general to have an of- 
fice coDveniently situated, where he shall superintend the weigh- 
ing business, keep an account of the same, and distribute em- 
ployment equally amongst the weighers. He should also be requi- 
red to make an annual report to the Legislature, of the nature and 
▼alae of the merchandize weighed, and the fees paid therefor, so 
that the extent and importance of this business may be known, and 
that the Legislature may be able to regulate the fees of these offi- 
cers, if at any time it shall become necessary. 

Leave is asked to introduce a bilK 



STATE OF NEW-YORK. ' 



^M 



No. 55. 



IN SENATE, 



February 21, 1835. 



REPORT 

Of the committee on canals, on the petition of Philip 

Schuyler and others. 

Mr. Livingston, from the committee on canals, to vrhich was re« 
ferred the petition of Philip Schuyler, in behalf of himself and 
others, for remuneration for expenses incurred in maintaining 
fences along the Hne of the Champlain canal, 

REPORTED: 

The petitioners represent, that the Champlain canal passes 
through their lands, and that in estimating the damages sustained 
by them in consequence of its construction, the canal appraisers 
omitted to take into consideration the expenses they might incur in 
maintaining the fences; that these fences are now, and have been 
for some time in a decayed condition, leaving the fields of your 
petitioners wholly unprotected. It is also alleged, that they did 
not urge this item of expense in the assessment of their damages, 
in consequence of assurances from the appraisers, that the fences 
would be maintained at the expense of the State. Disappointed in 
their expectations in this respect, the petitioners, therefore, claim 
relie£ 

A bill for this purpose passed the Assembly last year, but re* 
mained among the unfinished business of the Senate at the adjourn- 
ment 

[Senate No. 55.] 1 



2 [Senate 

After the completion of the canals, fences were erected on the 
margin by the State, and large sums expended in keeping them in 
repair, but in consequence of depredations committed upon them 
by persons navigating the canals, tlie disbursements became so 
enormous, that the Commia.sioners were induced to abandon them 
to the maintenance of the owners of the land. The reasons which 
influenced the Canal Commissioners in deciding upon this course, 
may be found in their report on the subject of fences, made to the 
Assembly in 1830. (Assem. Doc. 334, vol. 4.) 

The committee do not doubt, that considerable burthens have, in 
some instances, been imposed upon the owners and occupants of 
land on the line of the canal, in maintaining the fences; but it is 
not reasonable to suppose, that in most cases, the damages sustain- 
ed have been more than counterbalanced by the benefits the canal 
has conferred. Since its completion, ample evidence has been af- 
forded of the enhanced value it is has given to land in its vicinity. 
The advantages which were promised by its construction, have 
been fully realized, in furnishing a cheap and easy access to our 
great markets; and it will not bo denied, that the persons residing 
on its borders, are benefitted at least to the extent of the difiference 
in price, whatever it may be, between water and land transpor- 
tation. 

Whenever a public highway is established, the owners of land 
through which it passes, make and maintain the fences, for the rea- 
son that the improvement gives an increased value to the proper- 
ty; and no public highway offers the like facility to transportation, 
or adds so much to the value of the land as the canal does. 

If the advantages secured to your petitioners by the canal, were 
not, in the judgment of the committee, equivalent to the damages 
alleged to have been sustained, they would in such case, cheerful* 
ly propose some measure' of relief; but entertaining a different opi- 
nion, they cannot perceive the injustice of a denial by the Legisla* 
ture, of the relief asked for. 

The committee recommend the adoption of the following reso- 
lution :-* 



Resolved, That the petition of Philip Schuyler, in relation toca< 
nal fences, be denied. 



STATE OF NEW-YORK. 



No. 56. 



m SENATE, 

February 28, 1835. 



REPORT 

Of the Superintendent of the Mohawk and Hudson 

Rail-Road. 

TO THE HONORABLE THE SENATE OP THE STATE 

OP NEW-YORK. 

The Superintendent of the Mohawk and Hudson Rail-Road, in 
ooDfbrmity "with a resolution passed your honorable body the 24th 
Feb. lost, requiring '^ the president and directors of the Mohawk 
and Hudson rail-road company to report to the Senate, on or be- 
fore the 1st day of March next, the amount of money by them re- 
ceived (if any) for the transportation of produce from th&city of 
Schenectady to the Hudson river or city of Albany, since the close 
of navigation on the Erie canal in the year 1834, and also the 
quantity and kinds of produce so transported,'^ 

Respectfully Rbports : 

That inasmuch as the said board of directors could not be legal- 
ly convened prior to the first of March, be has been advised to fur- 
nish the information called for by the above resolution, and, in pur- 
suance of such advice, he submits the following statement. 

There has been received for transporting property from Sche- 
nectady to Albany, from the 14tb December, 1884, the time of the 
final closing of the Erie canal, to the 25th Peb. 1835, •420.98 for 
transporting 1,875,1)86 lbs.n:687 ^fll tons, and consisting of the 
following articles. 

[Senate No. 56.] 1 



[Senate 



• • • • 



Dry goods, in bales and boxes, 

Shoe pegs, bags, 

Hats, boxes, ••••.• 

Mittens, '' «•••.. 

Books, « 

Congress vrater, boxes, , 

Tools, '' • 

Wool, bales, • • • 

Flaxseed, bags, 

Printed sheets, &c., bundles, • < 
Leather, sides, rolls and boxes, 

Hair, sacks, ..•• • 

Piano-Fortes, boxes, •••••• 

Peas, bags, • 

Barley and oats, bags, • • • 

Flour, barrels, • 

Ashes, *' • • • • • 

Vinegar, ** •••• 

Provisions, brls. and hhds., •••••••• 

Butter, firkins, • •••• 

Liquors, qr. casks, pipes and brls., •• 

Beer, barrels, 

Luggage and furniture, in lots, • • . . 

Hides, pounds, • 

Axle-arms, ^'•••> ••••• 

Cast wheels, '^•.••« •••• 

Iron, bundles, • •••• 

Staves, •. 

Kettles, (copper,) ••••••• 

Wood, cords, 

Boards, piece, 

Lumber, not described, in pounds, • • 

Tierces, contents not known,* 

Barrels, eippty, 
Boxes, 



C( 



1834. 
Dec. 



20 
9 



99 



58 
54 



I 
1,600 

866 



6 

22 

8 



3,200 
1 

4 



1835. 
Jan. 



27 
1 
1 

10 
1 



12 

81 

204 

1 

1 



82 
4 



2 
54 



27 

9,750 

IB ^000 



6 



1835. 
Feb. 



12 
5 



•••••• 



264 

73 

32 

3 

61 

3t 
1 
17 
1 



1,600 
1,760 



1 
6 



8 
28,500 



15 
1 



Total. 

22 

9 

27 

1 

1 

23 

1 

5 

12 

81 

213 

1 

1 

264 

73 

213 

7 

61 

61 

3 

125 

1 

3 

3,500 

2,646 

1 

6 

6 

22 

48 

88,250 

19j200 

1 

27 

1 



•Aggregate in pounds. 

In Dec. 1834, 131,104 lbs. at 3ic. per 100 lbs. 
In Jan. 1885, 425,408 
In Feb. '' 819,424 



u 



« 



<i 



t40 97 
132 94 
256 07 



1,375,936, or 687 ^{|1 torn, a 58. 8429 98 

All which is respectfully submitted. 

A. WHITNEY, SupnintendM. 
Feb. 27, 1835. 



STATE OF NEW-YORK. 



No. 57. 



IN SENATE, 



February 21, 1835. 



REPORT 

Of the Comptroller, on the petition of Nefaemiah 

Tower 

COMPTROLLER'S OFFICE, ) 
Albany^ Feb. 20, 1835. \ 

The Comptroller, to whom was referred by the Senate, the pe- 
tition of Nehemiah Tower, respectfully submits the following 

REPORT: 

The petitioner represents, that be was the owner of 48 i acres 
of land, being part of lot No. 8, north of the twa mile strip in the 
town of Lenox, which lot he purchased of Joseph Olcott; that in 
the autumn of 1820, and winter of 1830'', he, the petitioner, saw 
tod examined the Attorney-Generars notice of sales of lands in the 
county of Madison, and was satisfied, from a careful examination 
of said notice, that his lot was not included; and a copy of this 
notice is presented in connexion with the petition, in order to 
ihow, by the wording of the notice, that the petitioner came to a 
JQst conclusion. 

At the time tiie petitioner examined tKis notice, he was in arrear 
l^etween three and four years in the payment of interest, which h^ 
loew was payable annually by the terms of the purchase; and he 
oould not have been ignorant of the law requiring mortgages to be 
foreclosed, whenever interest for two years was due and unpaid. 
If the petitioner had doubts whether the terms of the notice embra- 

[Senate No. 57.] ' 1 



9 [Senate; 

ccd his lot, he had no reason to doubt that he was in arrear id 
paying his interest; and he should, at least, have written to the 
Comptroller, and made inquiry whether or not, the mortgage in 
which he was interested^ had been handed over to the Attorney- 
General for collection. • 

Lot No. 9y north nde of the two mite strip, fate Oneida reserva- 
tion, consisting of 107 acres, was originally mortgaged to the State 
in Marcht 1609, by M ich&fid Day, to secure the sum of 9296. Oa 
the 2l8i of April, 1815, ten acres in the northeast corner of said 
lot, were set off, in the Cog^ptroller's of&ce, to Elisha Beebe, with 
whom a new account was opened. 

The mortgage of Michael Day was foreclosed by the Attorney- 
General, for arrears of interest; and, on the 24th of April, the lot 
was sold, (07 acres,) for t438.6l, besides <M»ts^ to Joseph Oioott, 
who gave his mortgage upon the 07 acres, to secure the payment 
of 8383.78, having paid one-eighth of the purchase money-into the 

treasury, at the time of the sale. 

• 

After this purchase by Olcott, and on the 1 1th of March, 1816, 
he sold one-half of the lot, 48} acres to Nehemiah Tbwer, the peti- 
tioner, with whom a new account was opened at the ComptroHer's 
office. At the time the offset of the 48} acres was made to Tow- 
er, there was due on the 97 acres, $283.78 of principal, and $20.29 
interest The land being equally divided, the sum due' thereon 
was divided in the sanhe manner; and Nehemiah Tower was 
charged,. in a newaccount, with tlO 14 interest, and 8101 .89 prin* 
cipal. 

On the 8th of June, 1821, the part belonging to Joseph Olcott, 
being in arrear, was sold by the Attorney-General, and bid off by 
Joseph Olcott, junior, who gave a bond and mortgage on 481 
acres, being the part retained by Joseph Olcott in 1815, when the 
offset of 481 acres was made to Tower, the petitioner. 

The interest upon Tower's part of the lot, from the time of the 
offset, until September 1, 1827, amounted to 8142.27, including 
the sum in arrear at the tim6 the oflEset was made. From 1816, 
to June, 1827, the petitioner paid interest to the amount cf 8124. 14^ 
leaving a balance of interest due on the first of September, 1827, 
of 818 • 18. Nothing more was paid on the petitioner's part of I9I 
No. 8, until the sale on the first of September, 1829; there was 



Na 57.] « 

doe oi interest, in addilioa to the above balance of tld-lSi the 
sam of j|S3.02, making % total of $41 • 16. This nvas the sum due 
for inleresl at the time the aceooat was given to the Attorney- 
General for collection, there being more than three years and a 
half of tatcrest due apoa the account opened with the petitioner. 

The securities handed over to the Attorney-General for collec* 
tioD, were, 

1st The original mortgage of Michael Day, for the 107 acres^ 
This mortgage embraoed the 10 acres set off to Beebe in 1815, 
and, as Beebe gave no mortgage to the State, the 10 acres could 
only be reached by having recoorse to the original mortgage of 
Day, which covered the whole lot 



2d. The mortgage given by Joseph Olcott in 18|5, for the 07 
acres purchased on the foreclosure of Day's mortgage. This mort- 
gage embraced the 481 acres set off to Nehemiah Tower, the peti- 
tioner, in 1816, and for which he gave no mortgage, but held the 
lot as stated in the petition, by virtue of an offset under the mort- 
gage of Joseph Olcott 

And how was this lot to be described in an advertisement t And 
imder what mortgage was it. to be sold t As Tower had given no 
mortgage, the 481 acres set off to him, could be sold only by ad* 
vertising under' the mortgage of Joseph Olcott It was, accord- 
ingly advertised as '^ lot No. 8« on the north of the two mile strip, 
(except 10 acres set off to B^ebe,) mortgaged by Joseph OkotL^* 
The mortgage of Joseph Olcott covered 07 acres, which included 
the petitioner's land, as well as 48 i acres soIdT in 1821 to Joseph 
Olcott, jr., and in the paragraph quoted from the advertisement, 
ten acres only were excepted. 

> 

The case then stands thus: • The petitioner held 481 acres, which 
he knew was covered by the mortgage of Joseph Olcott He w^s 
in axrear in paying interest more than three years and a half, when 
he k^iew it was the duty of the public oflicers to sell his land if ha 
allowed the interest to run over two years. He saw the Attor- 
ney-Generars notice, declaring that he should sell the land mort- 
gaged to tbo Stale by Joseph Olcoii; and yet the petitioner, under 
AH these eircumstances, seems not to have supposed that his lot 
wsiiolended. 



The bther paragraph in the advertisement relates to the sale of 
481 acres, being the same land which was retained by Joseph 
Olcott when he sold the other half to Tower in 1810, and whieb 
part thus retained by J. Olcott was sold in 1821, and purchased by 
Jo»eph Okotty junior, who gave a new mortgage for this 481 acres, 
being -the part denominated the " remainder of lot No. 8.*-^ In 
foreclosing the mortgage of Joseph Olcott^ junior^ the ten acres 
sold to Beebe, and the 48) acres sold to Tower, were excepted as 
they ought to have been. The notice advertising this part of lot 
No. 8, reads as follows: ^' That part of said lot No. 8, which was 
mortgaged to the said people on the 8th of Junci 1821, by Joseph 
Olcotty junior J being the whole lot except ten acres, formerly set 
off to Elisha Beebe, and 48) heretofore set of!^ and for which & 
new account was opened in the Comptroller's books, in the name 
of Nehemiah Tower." Tower's part was excepted in advertising 
under the mortgage of Joseph Olcott, junior, but it was not except- 
ed in advertising under the mortgage of Joseph Olcott. 

On the 28th of April, 1830, the Attorney-General, on foreclosure 
of Joseph Olcott's mortgage for part of lot No. 8, north of the two 
mile strip, sold to Sylvester Clark for $270.05, all that part of 
said mortgaged premises, for which a new account had been open- 
ed in the Comptroller's books, in the name of Nehemiah Tower, 
containing 48) acres. 

Principal due on said Tower's new ficcount, . • • • • • • 9101 89 

Interest due on day of sale, • • • 48 70 

Costs of foreclosure, 90 00 

0270 05 

Clark paid to the Attorney-General, the same day, the costs of 
foreclosure, and one-fourth of the principal and interest doe the 
State, (000.10),) and received a certificate of sale: and, on the 
15th of November following, Clark gave his mortgage on the pre- 
mises so sold to him, and his bond for 0180.40, the balance due the 
State, and received a deed of the said premises from the Attorney- 
General. 

The petitioner has been subjected, no doubt, to great inconveni* 
ence and expense. This however, has arisen not from any error or 
defect in the Attorney-General's notice, but from the delinqueDcy 
and neglect of the petitioner himself. The petitioner seems to as- 



No. 57.] 5 

lume that the advertisement was erroneous»,and in consequence of 
this, that the State ought to indemniry him for all costs and dama- 
ges to which he has been subjected, in consequence of the sale 
of his lot, and the litigation growing out of the ejectment suit 
broQght by the purcliaser. 

If the court of equity, as stated in the petition, relieved the pe- 
titiooer from the effect of the Attorney-General's sale, on the 
groood of an error in the advertisement, it must have been because 
til the facts in relation to the offsets, were not fully understood. 
In advertising the petitioner's land, the description given in the 
mortgage of Joseph Olcott, under which it was held, was copied 
into the advertisement 

In the opinion of the Comptroller, the case of Nehemiah Tower 
does not present the slightest claim against the State Treasury, 
however much he may have been harrassed and oppressed by the 
traosaetiont connected with the sale of his lot, and the litigation 
with his neighbor who purchased it. 

In order to have a full understanding of the ground on which the 
court of equity relieved the petitioner from the purchase of Clark, 
it would be necessary to have copies of the papers in the case, 
which are filed with the equity clerk, in the 6th circuit court 
These papers, it is believed, will show that the purchaser was 
charged with practising a deception upon the petitioner, and that 
this, and not an imaginary error in the notice of sale, induced the 
court to relieve the petitioner. 

Respectfully submitted, 

A. C. FLAG6. 



<■■ • • v 



i • 



<>^— • 



STATE OF NEW-YORK. 



No. 58. 



IN SENATE, 



February 28, 1835. 



S0MS 



REPORT 

Of theCommissionen of the Cantl Fund. 

Canal Room, CoiiPTiioLLRit's Office, ) 
Albany, February US, 1885. } 

TO THE LEGISLATURE. 

The CommiBsionen of the Canal Fund, pursuant to chap. 820, 
of the Laws of 1681, respectfully submit to the Legislature the 
followiog 

REPORT: 

The twenty-seventh section of the act above referred to, pro* 
▼ides that '* the CbnHniisioners, separate from their annual report, 
shall prepare, and lay before the Legislature, with their annual re* 
port ia each year, a fuU statement of all the tolb collected upon 
til the canals of the State during the season of navigation next 
preceding such session; and also a statement of the rates of toll 
00 all articles transported on said canals; and a comparative state- 
ment, shewing the amount fixed fay the Constitution, and the 
amount charged." 

The annexed statement, marked A, exhibits the rates of toll on 
the canals in 1834; the rates as fixed for 1885; and the minimum 
rates prescribed by the Constitution. 

The statement marked B, exhibits the sums collected on each 
Qual separatoly, and the montUy c4>llections at each ofiica during 
^ \mi apupa ^ aarigaltoik Tha latal wtm ^x» as Mkma, viai 

[Senate Na 58.] 1 



4ft 



S [Sbnatk 

Tolls of the Erie CRnal, •1,179,744 07 

'^ Champlain canal,. 115,211 89 

** Oswego canal, * 22,168 02 

^ Cayuga and Seneca canal, • 18, 130 43 

Chemung canal, 8,378 05^ 

Crooked Lake canal, «.. • * 1,473 40 

Total, #1,340,106 7^ 

The statement marked C, shows the whole amount of toils col* 
lected at each office on all the State canals for the year 1833; and 
also, the expenses of collectors' offices, the amount refunded and 
the amount paid into the treasury, the balances due to and fron^ 
collectors, being an exhibit of the standing of each collector's ac- 
count for the year 1838. The returns for 1884 are not embraced in 
this table; these accounts will be settled and passed upon by the 
Canal Board, and comie into the report for next year. Accompany* 
ing the report of last year, on the subject of tolls, was a statement 
similar in form to the table marked C, embracing the eight years 
preceding 1832. The totals of that statement are included in this; 
by which it appears that the whole sum collected for tolls on all 
the canals, from 1824 to 1833, has been 89,147,129.08. Including 
the collections for the last season, there has been received for tolls 
from 1824 to 1884, both inclusive, about ten millions and a half of 
dollars. 

In addition to the statements required by chap. 820, before re- 
ferred to, several tables have been prepared, for the purpose of 
presenting to tlie Legislature a general view of the progress of 
the trade of the canals, as far as it could bo done from the materi* 
sis at hand, from 1820 to the present time ; and also a statement 
of the receipts and expenditures of the Commissioners of the Canal 
Fund, from the organization of the Board, in 1817, to the close of 
the fiscal vear in 1834. 

The statement marked D, shows the principal commodities pass- 
ing Utica, east and west, on the Erie canal, for each year from 
1821 to 1834; and also, the total sums paid each year fcrr toll on 
the Erie canal during the same period. 



The Erie canal was finished in the fell of 1885. In 1898, 
Mnal IMS tttvignbki fnta Albuy to BoffiUo^ aad llM tolls i^ that 



No. &8.3 B 

year vroounled to the sum of 9877,466.75; being Jess by 9502,- 
!278.22y tban the amount collected in 1834. The following state- 
ment exhibits the increase in some of the principal commodities 
transported on the canal, comparing 1826 with 1834: 

1826» 1834. Increase. 

Flour, bairels, 372,149 1,157,069 784,910 

Wool, tons, 100 656 466 

Sawed lumber-, feet,. «../•• 16,795,395 38,290,991 22,495,596 

Timber, cubic feet, .....*,. 160, 1 12 1,622,4;37 1,372,626 

Merchandize, tons, 28,986 70,372 46,386 

It will be seen that there has been a decrease in merchandize for 
the year 1838. Of this decrease, about 4,650,000 pounds, (or 
2,276 tons) is accounted for by the fact, that articles which here- 
tofore passed under the head of merchandize, have, duf ing the last 
year been arraaged under other heads. 

The statement D, does not include the property arriving at, or 
clearing from Utica, but merely such as passes that place botb 
ways. 

At the head of each column in the table, the number of miles of 

m 

cinal navigable in each year preceding the completion of the work, 
is given, commencing with 1821. In 1820, the middle section was 
navigable, to the same extent as in 1821, and tolls to the amount of 
ft,437.34 were collected, but no statement was kept, showing tho 
commodities passing on the canal that season. 

The failure of the wheat crop in 1828, produced a material di- 
minution in the tolls of that year, and also in 1829. Reductions 
in the tolls on particular articles have been made at various times; 
and in the spring of 1833, a general reduction was made, which 
was equal to an average of 20 per cent This reduction operated 
upon the property transported on the canals in 1833; and yet the 
tolls which were collected, as shown at the foot of the column, un- 
der the head of 1833, were greatly increased from the former 
year. In 1834, the tolls on merchandize were reduced 26 per 
cent., and on country produce generally, 10 per cent. The tolls 
of the last year, are not as great as they were for the preceding 
year; although, with these reductions, tho tolls for 1884 are 
greater than they were for 1881 or 1882, at rates more than 85 
ptr cMt lower than th^ then were. The merchandize trans- 



4 [Senate 

ported on tRe'canafB for the citizens of oar. own State, has been less 
by 9f450 tons the last year, than it was in 183& This diminntioo 
has been occasioned in some measure by the over trading in 1833,. 
and the panic in 1834. 

The statement marked £, shows the quantity of merchandize 
and other property cleared at Albany and Trey, and paoaing fron» 
tide water on the western aind northern canals, from 1824 to 1834» 
The whole amount of tonnage cleared at Albany is, in most casea^ 
included under the bead of merchandize. The articfes erf* salt^ 
flour, &c., given in the table, were generally cleared at Troy, and 
passed op the Champlain canal. 

Including some articles which are not embraced in the taUe, the 
total tonnage paaaing from tide water, on both canfils, in 1B96, (the 
first year after the Erie canal was finished,) amounted to- 35,48& 
tons; and the tonnage arriving at tide water on both canala^ 
amounted in the same year to 302,170 tons. Total tonmige as- 
cendling and descending both Canals in 1826, 337,605 tons, of 2,000 
pounds each; see report of Canal Commissioners 1826, table T. 

In 1834, the tonnage arriving at and clearing from Albany and 
Troy on both canals, was equal to 668,433 tons of 2,000 pounds 
each, viz: 

Passing from tide water. 
Cleared at Albany, 58,136 tons, 

do, atTroy, 56,472 " 

114,608 tons. 

Passing towards tide water. 
Arrived at Albany, 316,521 '* 

do. atTroy, 237,304 « 

553,825 "^ 



^ 



Total tonnage ascending and descending the Erie 

and Champlain canals in 1834, 668,433 tons. 

do do. in 1826, 837,605 << 

Increase in eight years, 330,828 '^ 

The down freight on the canals has nearly doubled in eight years; 
and the up freight has more than trebled |n the same time« 



No. 58.] b 

The following table flfaows the various articles which came to 
the Hudson river on both canals in 1834, as well as the quantity 
and tLe estimated value of each article in market, viz: 



ARTICLES. 



Flour, bar. 

Wheat, bus. 

Coarse grain, ^* 

Bran Sl ship stufis, • • ** 

Cheese, lbs. 

Butter and lard, • • • • . '* 

Peas and beans* • • • • bus. 

Potatoes,. *' 

Flax seed, lbs. 

Clover & grass seed, ^* 

Provisions, bar. 

Salt, ** 

Asbea, '* 

Wool, lbs. 

Tobacco, *' 

Hemp, " 

Stone, lime, &c ^* 

Iron ware, '* 

Boards Sl scantling,. • feet. 

Timber, cubic, " 

Staves, lbs. 

Wood, • cords 

Shingles, M. 

Domestic spirits, • • • • galls 

Beer, bbls. 

Cider, •< 

Apples, ••• ** 

Dried fruit, lbs. 

Pig iron, • • • *^ 

Lead, " 

Sundries, '' 

Merchandize, •••••• ^ * 

Furniture ** 

Furs and peltry, • • • " 

Hops, " 

Gvpsum, • • '* 

Charcoal, " 

Total 



Qnuitity^ 


Tods of 


Total Tslue in 




S,OOU llM. 


market. 


979,520 


105,787 


•4,897,600 


822,195 


24,665 


822,195 


651,548 


14,659 


325,774 


323,558 


2,911 


40,445 


6,345,704 


3,172 


441,199 


3,626,441 


1,813 


362,644 


15,780 


473 


15,780 


20,534 


513 


5,133 


1,899,446 


949 


56,982 


1,125,034 


562 


78,750 


.41,613 


6,241 


332,904 


11,378 


1,707 


17,067 


28,202 


7,050 


564,040 


992,860 


497 


446,787 


1,740,649 


871 


87,032 


68,681 


34 


6,868 


37,246,683 


18,623 


50,000 


1,301,722 


650 


65,000 


107,747,900 


181,016 


1,292,964 


1,440,515 


28,810 


172,861 


55,351,800 


32,676 


1,107,036^ 


34,515 


96,642 


172,575 


34,045 


5,719 


68,090 


1,225,696 


5,515 


306,424 


349 


52 


2,094 


105 


15 


315 


1,544 


193 


2,546 


156,244 


78 


3,000 


132,513 


67 


2,680 


1,000 




70 


21,095,095 


10,547 


1,000,000 


584,518 


292 


87,600 


581,447 


291 


51,798 


474,483 


237 


474,483 


270,765 


135 


40,614 


86,900 


43 


215 


183,000 


91 


457 






$13,405,022 



6 [Sbnatx 

Thel0|547 toDs of sundries, embrace a great variety of articles 
of value. Among those coming down the northern canal, may be 
enumerated black lead, copperas, castings, iron and nails, glass, 
hides, manganese, starch, salmon and tallow. The articles here 
enumerated amount to 3,749 tons, and may be valued at more than 
•300,000. The non-enumerated articles, coming down the Erie 
canal, embrace cotton and woollen manufactures, (which are not 
classed with merchandize, when coming towards tide-water,) and 
all other manufactured articles except furniture. 

Many articles arrive at the junction of the canals which are not 
embraced in the table at Weit-Troy, but which might properly be 
included in the list of property arriving at tide water: For in- 
stance, 70,000 bushels of salt, 3,000 barrels of beef and pork, and 
18,500 barrels of flour have passed Whitehall north, more than the 
whole number cleared at Troy, making no allowance for the flour, 
salt, &c. consumed between Troy and Whitehall. The preceding 
table does not embrace the property passing down the river through 
the sloop lock above Troy. 

The articles which are brought down the canal to Schenec- 
tady, and from thence on the rail-road, ought also to be included 
in the preceding estimate. The property which has been taken 
fro n the canal, at Schenectady, during the last season, and trans- 
jported upon the rail-road to AlbanVy estimated by the scale of 
prices adopted in making out the preceding table, may be valued 
at $545,577. This would make the total value of the property 
arriving at tide water, on both canals, $13,950,599. The quan- 
tity of flour, salt and provisions, coming down the Erie canal 
to the junction and passing up the northern canal, if taken into the 
estimate, would increase the amount to more than fourteen miUioiis 
of dollars. 

The table E, also exhibits the number of boats arriving at and 
clearing from the Hudson river, at Albany and Troy, from 1824 
to 1834. In 1828 the number which arrived and cleared on both 
canals was 23,662; and in 1834, 32,438. The number of lockages 
at Alexander's lock, on the Erie canal, from 1824 to 1834, is also 
given. The lockages in 1824 were 6,166, and in 1884, 22,911. 
In the number of lockages, cribs of timber, as well as boats, are 
included. The number of lockages on the northern canal are not 
known. If a statement had been kept at one of the locks at Wa- 
tsrford, similar to the one kept at Alexander's lock, the Dumber of 



No. 68.] 7 

lockages probably would have been shown to be about 10,000; 
accounting for the difference between the arrivals and clearances 
on both canals, and the lockages at Alexander's, on the Erie canal. 
The number of boats registered and employed on the canals, will 
not vary much from 2,500. 

The statement marked F, gives the articles arriving at and 
clearing from Buffalo, on the Erie canal, from 1820 to 1884. The 
merchandize destined out of the State has increased, in five years, 
from 4,881 to 17,401 tons; furniture of emigrants, from 935 to 
4,149 tons; salt, from 65,431 to 84,101 barrels. During the same 
period the flour cleared from Buffalo east, as shown by state* 
ment 6, has increased from 4,835 to 79,324 barrels; provisions, 
from 4,754 to 14,590 barrels; tobacco, from 82 to 1,009 tons; pig 
iron, from 235 to 1,128 tons; furs, &c., from 86 to 154 tons; staves, 
from 510,000 to 2,400,000; butter and cheese, from 138 to 257 
tons; wool, from nothing to 73 tons. 

Statement H contains an account of property arriving at and 
departing from Oswego, for the year 1834; designating the quan- 
tity of salt and merchandize destined from that place to Lake 
Erie, and the quantity of flour shipped east on the canal and north 
on Lake Ontario. It appears, by this statement, that 61,604 bar- 
rels of salt were shipped for Lake Erie, and 219,868 bushels of 
wheat were received at Oswego, from that lake, during the season 
of 1834. Out of 5,218 tons of merchandize received at Oswego 
by the canal, 871 tons were shipped to Lake Erie. This is an in- 
crease of 259 tons, compared with the preceding year. 

The increase of merchandize at Buffalo, destined out of the 
State, compared with 1833, has been 3,160 tons. Total increase 
at Buffalo and Oswego, for Lake Erie, 3,419 tons. Notwithstand- 
ing this result, there has been a diminution in the quantity of mer- 
chandize passing Utica, comparing 1834 with 1833, of 6,031 tons.* 
It would seem, from this exhibit, that our own citizens have pur- 
chased, during the last season, 9,450 tons less of merchandize than 
is the preceding year; and that the people of the west have in- 



* Nan.*-4ii ooipMing the toni of merohandiBe pimiBg Uiioa, ai giT«n in ttatamcnt D, the 
Mrenoe between 1833 end 1S34, ie 8,306 tonf. Artidee avwanting to 2,275 tone, which m 
1833 peaaed aa nMrchan£ae, wen claand nnder other heads in the slatiitical table of 1834^-> 
The dacnaae of MidHttidiae paMing Utioa, fa theratea vadMad to S,t»l tow, aa alatedoa 



B [Sbhate 

crseaed their purchases of merchandize in our markets, for the 
same period, 3,419 tons. 

The statement marked I, exhibits the quantity of property pass- 
ing Whitehall, on the Champlain canal, from 1820 to 1834; and 
also, the quantity of merchandize and other property arriving at 
or passing Whitehall, from tide- water to the north. Since 1823, 
there has been an increase in the quantity of sawed lumber cleared 
at Whitehall, from 22,426,067 to 77,863,247 feet; of wool, from 
9,660 to 252,000 pounds; of butter and cheese, from 27,776 to 
1,954,000 pounds; of glass, from 3 to 18,000 boxes; of iron and 
nails, from 153 to 2,631 tons; of marble, from 44 to 1,167 tons. 
The merchandize passing Whitehall, north, has increased less than 
1,000 tons, comparing 1834 with 1829. Flour has increased from 
5,064 barrels in 1829, to 61,247 in 1834: And, during the last sea- 
son, 20,406 bushels of wheat passed Whitehall to the north. The 
quantity of Onondaga salt sent to Lake Champlain through the 
northern canal, amounted the last season to 123,337 bushels; be- 
ing more than the average amount for the four preceding years. 

Among the commodities coming down the Champlain canal dur- , 
ing the last season, there were 210 tons of copperas, and 304 tons 
of manganese. These articles came from the State of Vermont. 

The whole amount of tonnage passing Whitehall on the Cham- 
plain canal, to and from tide-water, during the last season of navi- 
gation, was as follows, viz: 

Passing north, 21,867 tons. 

" south,' 177,561 " 



Total,.... 198,928 '' 

Deduct the above from the tonnage of both canals, as given in 
the preceding part of this report, and it leaves the tonnage of the 
Erie canal, ascending and descending, at 469,539 tons. « 

The statement marked K, exhibits the amount of moneys re« 
ceived by the Commissioners of the Canal Fund, from all sources^ 
and the amount paid by them from the first organisation of the 
Board in 1817, to the 30th September, 1834. The receipts from 
the varioiis. sources ara aa follows, viz: 



No. 58.1 « 

Avails of loans, •••••• #7,072,783 34 

Premiums on do, ., • 323,868 76 

Tolls, • 2,589,580 03 

Vendaedoty, 8,103,807 61 

Salt duty, 1,872,839 68 

Steamboat tax, 73,509 99 

Sales of lands, 70,583 15 

Interest on investment of surplus, • • • 509,854 53 

Rent of surplus water, •«•••«• 13,714 18 

Other receipts, .,«.•••••• 35,718 00 

#28,344,197 15 

The payments have been as follows, viz^ 

Canal Commissioners, «•• •• $9,859,575 48 

Interest, 4,785,531 80 

Western inland lock navigation company, 153,718 53 

Notes of M. Holley, 17,155 91 

Miscellaneous payments, «••« 155,698 40 

Sap. of canal repairs, « 3,315,380 57 

Extingaishment of debt, 3,955,675 33 

•30,341,630 85 
Leaving a balance in the hands of the Commis- 
fiOQers on the 80th September, 1834, applicable 
to the canal debt, of 98,003,576 

Respectfully submitted. 

A. C. FLAG6, Comptroller. 
JOHN A. DIX, Secretary of State. 
GREENE a BRONSON, Jitey-OeneraL 
WILLIAM CAMPBELL, Survejfor-Oen'L 
A. KEYSER, TreoMurer. 



[Senate No. 58.] 



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32. 

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30,658 
55,190 
36,155 
769 
9,660 
292^996 
213,059 
387 
12,538 
139 
100 
853 
- 922 
87 
187 
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97 
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1,541 
23,986 
15,137 
162,528 
705,395 
150,112 
577,482 
6,176 
2,212 



34,497 
42,216 
66,651 
28,810 



145,340 
60,677 



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360 

617 

1,774 

169 

100 

4,036 

3,994 

1,450 

921 

3,889 

58,063 



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^54,027 

151,022 

t41,018 

50,453 

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j>ig6 75 1,612 28 



1833. 

363 miles nam- 

gable. 



967,813 
27,919 
62,860 
29,508 



15,357 

1,175,423 

302,578 



8,260 
730 
583 
928 

2,277 
222 
134 

9,375 

4,402 



905 

8,797 

78,678 



1,609,612 

40,804,871 

1,788,255 

9,264,523 

55,287 

4,608 



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1884. 
863 miks navi- 
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30,888 
70,060 
30,502 

6,105 

1,107,804 

402,216 

20,486 
1,072 

556 
1,586 
2,240 

S48 

100 
5,807 
6,804 

174 

1,002 

5,836 

70,872 

1,461,051 

38,200,001 

1,522,687 

10,416,705 

41,061 

5,888 



01,170,744 07 



Bentte No. 58.] 



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81,437 

1,108 

575 

479 

403 



0,284 



1834. 



86,814 

1,281 

1,029 

828 

562 

877 

12,006 

42,707 

2,495 

48,854 

1,102 



15,156 
household fur| 



9,277 
6,942 



16,219 
16,219 



82,488 



22,911 



J 



No., 58*1 



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[Senate No. 68.] 



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118 




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5,000 

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63 
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17 
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SO 
34 



STATE OF NEW-YORK. 



■^toi*^»-»«-^— a^a^^ 



No. 59. 



IN SENATE, 

February 2h ISS5. 



REPORT 

Of tke c«iiunktee on roads aad iNidges, on the pe4i' 
tion of Francis LAnsiag and others. 

Hr. Seger, from the committee oa roads and bridges, U> whick 
was referred the petition of Francis Lansing and ethers, inhabi> 
tants of the town of Watwvliet in the county of Albany, 

REPORTED: 

The petitioners represent that in 1826 certain individuab asscH 
ciated together to obtain a chi(rter to construct a turnpike road 
from Albany to Troy, which was opposed by the tntizens of AU 
Isany and the farmers of Watervliet, and failed: that for the pur« 
pose of quieting the opposition of these farmers the applicants pro- 
mised that a clause should be inserted in the charter, forever ex* 
empting them from the payment of toll, and that many of the 
farmers, conBding in the promise thus tendered, became appli* 
cants for the act: that the act passed on the 81st March^ 1828, 
the eieveoth section of which is in the following words^ 

** The said company shall not exact or receive toll from any 
fanner residing in the town of Watervliet, during his residence 
there, unless engaged in transporting passengers, produce or other 
articles for hire." 

The petitioners further represent, that in the fall of 1828, a no* 
tice appeared in the Albany Argus^ in the following words: ** Notice 
is hereby given that an application will be made to the Legisia* 



is hereby given that an application 
[Senate No. 50.] 1 



SP [SENiiTC 

l^re, af tlieir next session, for ieave to abatidbn that part of the 
Waterv)iet fnrnpike north ef tfce north bowida of GSbb^osritfe, and 
for other pnrposes^" 

The petitioners arfTege that various reasons Ttere assigned by the 
company for the application to the Legislature,- bat do intii»atioD 
was ever given that the chuse eiempting the farmers ftom the 
payment of tolT was tb be affected by it, and that the same was 
passed without their kDOwFedge or eonsentr that their ri^ftts were 
surreptittbi]«ry wrested from them contrary to good morab, and io 
violation of an express agrcentent;- and they pray for » restoratioa 
of the privileges acquired by them andier the said eleventh section. 

The subject has been fnitty investigated by the committee^ and 
witnesses have been examined^ both on the part of the petitioners 
and on the part of the corporation, by which the present appficatioa 
has been resisted. The testimony submitted will be foand ap* 
pended to this report; and, as tfie same has been taken down with 
some minafeness, the committee do not conceive it necessary to 
spread its substance before the Senate with much particularity, 
excepting so far as it ailects the prominent pebts in controversy 
between the parties* 

From this testimony it will be discovered that the allegation of 
the petitioners respecting the failure of the first application for an 
act of incorporation is fully substantiated, and that the farmers 
and the citizens of Albany successfully opposed the passage of the 
law* It is also in proof before the committee that three of the 
prominent individuals who took an interest in the passage of the 
law, represented to such of the farmers of Watervliet as were re- 
quested to sign the petition for its passage, that a^clause should be 
inserted in the bill to exempt them from the payment of toll: that 
upon such representation their opposition to the measure was with- 
drawn, and the bill containing mich clause passed during the ses- 
sion of 1828, without objection on their part. 

r 

' This, it is believed, healed all the difficulties, up to that period, 
between the present petitioners and the turnpike company, and the 
company pursuant to the provisions of their charter, took the o^ 
cessary preliminary measures to carry their contemplated improve- 
ment into operation. Appraisers were appointed, who examined 
into, and assessed the damages, and it appears that in their apprti' 
sal of the claims made by the commissioners of highways of th^ 



No. ^9-1 ^ * 

town of Waftcrvliet, for the old road, these damages or claims, 
-were estimated wkh reference to the privHege which the farmers 
were to-eiqoy ctf passing the gate free from the payment of toll, 
«nd fhetf exempftion from liability to woA the old road; that 976' 
was aHowed them for the old road, being the amount which the 
town tiad origimiSly paid for permission to locate the road at that 
piaoe; and 9126.50 for the tnatertstls of "some bridges or sluices, 
snaking ui all, CMl .BO. This daim for damages by the commi»- 
«ioners of the town, was resisted %efore the appraisers, by a com- 
snittee appointed on the pait of the company, and tlie commissions 
«rs were then notified that if they persisted in fheir daims, the 
company wonld not prosecute tlie woilc, but would apply for a re^ 
peal of the 11th section^ tTie section exempting "diem from the pay^ 
inent of toll. The claim was allowed to the* amount aboTe stated, 
and payment {herectf was sobsequently Hsa4e to the commissioners. 

In Dec. 1828, the directors of tlie company adopted a resolution 
to apply to the Legislature for amendments to their cliarter, and a 
committee was appointed to publish a notice thereof^ and to attend 
to the application T)efore the Legislature. The laifguage employed 
in this notice, the circumstances connected with it, and the passage 
<if tlie law mder it, depriving them of important rights, constitute^ 
the principal grounds of complaint on the part of the petitioners. 
The publication of notices of intended applications to the Legislar 
ture, was undoubtedly designed to guard against legislation by sur- 
prise; tlie R. S. requiring that "if the application be for an alter»^ 
tion in any charter already^ grained, the notice ahall state specific 
4^y; the alteration intended to be applied for.'' Ahhough the 
committee fiave 1>een died to many notices as vague and indefinite 
as the one under consideration, they cannot view this as complying 
with the requirements of the law* A reference to the act passed 
under it, (see Session Laws 1829, chapter 25S,) will show the im* 
portant alterations which were made in the barter under the 
vague clause in the notice ^^ and for other purposes.^ It may, how- 
evor» be questioned, whether the present Legkllatwe has any thing 
to do with the notice, or whether it would affect the validity of a 
law passed by a former Legislature, had no notice whatever been 
given. Each legislative body, it is presumed, must be the judge 
for itself, of tbe.sufliciencjr of notices brought before it; for if the 
doctrine is tolerated, that the solemn decisions of the Legislature 
are to be reversed by a subsequent body possessing the same pow- 
er, for the reason that a notice of the intended application is not 



4 (SiifAu: 

ptibIisHc(r in ff particuFar form of wordg, it may readily be coDceiv*' 
ed ihat regis&tion wiH become as onstabfe aa the wfnds. 

Aaide from the sa&iciency of the noticor it becomea v qvestron, 
how far the allegatton of the petitioners, that the eleventh sectioa 
was stricken out wi^out their knowledge, issustsmed by the facto. 
As early as the sttmmeF of 1828v the commissioners of highways 
were apprized of the itttentio» of the company lx> apply for a re- 
peal of the eleveotrb section. Of the seven individuala residing ia 
Watervliet who have been examined before tlie committee^ on tht 
part of the petitioners^ five of them saw the notice which waapob* 
lished; and some ef tbeae, at the same time, had no ftiith ia the 
integrity of the company, but constantly entertained the belief 
that they would apply for a law to subject them to the payment of 
toll. Several of the directors testified that there waa no attempt 
at concealment^ aa it regarded their intention to apply for a repesi 
of the eleventh section, but that the proceedings in reference there- 
to were open and undisguised. In addition to which, one of the 
directors, who is a resident of the town of Watervnct, and one 
of the principaT stockholders in the contpany, states, that the re- 
peal of the eFeveath; section waa a common topic of conversation 
in that town. 

A certificate, on the other hand, over the signature of Jeremiah 
Schuyler, who waa one of the directors and a citizen of Water- 
vliet, but who has, aince that time, ceased to be a alockhoMerr 
bearing date the 234 February, 1829^ certifying that no applicatioa 
should be made to charge the farmers of Watervliet with loll^ wss 
delivered to oite of the farmera of that town, about the tiliie it 
bears date, who teatifiea, that but for this certificate, a remoih 
atrance would have been got op against the passage of the law. 
Mr. Schuyler, the person who gave this certificate, waa one of the 
original applicanta for the act of incorporation, and was one of the 
most active individuals in procuring the signatures of the eitizens 
of that town t5 the petition therefor, and in giving the pledge to 
the farmers that they should be exempted from the payment of 
toll. Subsequent events sufiiciently establish the integrity of hif 
conduct in bis efibrts to redeem the pledge; for on the second of 
March, nearly two months prior to the passage of the bill, in pur- 
suance of a request originating with him, a meeting of the direc- 
tors was held, when the several sections of the bill reported in the 
Aaaembly (which waa then before them,) were diacuased, and oa 



No. 59.] • 5 

bia motion, the section repealing the exemption clause was disa- 
greed to by the directors. Upon further discussion, one of the di- 
rectors changed his vote, which restored the section. Mr. Schuy- 
ler was very much dissatisfied at this result, and expressed his de- 
termination to prevent the passage of the bill| and to apprize his 
neighbors that the company were applying for a repeal of the 
eleventh section; and it can hardly be supposed that to the pledges 
he had given the farmers, he should superadd the certificate of the 
23d February^ continue steadfast to his pledges and engagements 
up to the 2d March, one week after the certificate is dated, and 
then, with a full knowledge, for the first time, that his pledges had 
been disregarded and violated and his certificate falsified, that he 
should remain indifferent and silent, particularly as ample time in- 
tervened, to inform his neighbors of the designs of the company, 
between that and the passage of the bill, which did not take place 
until the 25th April thereafter. 

Apart from this, it is matter of doubt whether the petitioners did 
not in fact, remonstrate against the passage of the law. In the 
Journal of the Assembly of 1829, March 3d, page 589, the com- 
mittee were referred to an entry of the presentation of a '* remon- 
strance of sundry inhabitants ot the town of Watervleit, against 
any alteration of the law incorporating the Watervleit turnpike 
company." It was, however, contended before the committee, by 
the counsel for the applicants, that this remonstrance related to a 
matter having no reference whatever to a repeal of the exemption 
clause; but from any thing that appeared before the committee, 
this construction is scarcely admissible, for the language of the 
entry is general, and not confined to any one particular feature in 
the bill, but remonstrates against all or '^ any" alteration of the 
original act of incorporation. 

It has already appeared, that on the day preceding the presenta- 
tion of this remonstrance, the bill, the provisions of which, were 
discussed at the meeting of the directors, contained the repealing 
clause; it may consequently be as reasonably inferred, that it was 
meant to defeat that portion of the bill as any other, and perhaps 
more so, inasmuch as the committee are not informed that any 
other section in the bill was a subject of controversy between 
these or any other parties. 

• It is proper to add, that diligent search has been made by the 
ehairman of your committee, for the remonstrance in question, 



6 [Sbnatk 

ftmong the papers of the Assembly, and that no trace of it can be 
discovered, nor has its absence in any manner been accounted for. 

The course taken by the counsel for the respective parties, be- 
fore the committee, and the subjects treated by them as tbe pro- 
minent ones in this controversy, have in some measure, rendered 
it necessary, that a report should run in the same channel; but for 
this, the committee might not have deemed it necessary to enter 
upon the examination of so many points in this report, as they 
now feel . constrained to do. 

It is alleged on the part of the applicants, that having paid a 
valuable consideration for the pritilege secured to them by the act 
of 1828, their rights to those privileges became vested in them, 
and that by the act of 1629, these vested and purchased rigfab 
v?ere taken away. In support of this allegation, and to show the 
consideration which was paid for the previlege secured by the act 
of '28, one of the witnesses statoi, that the shaping of the road, 
making the bridges, and removing the stones, would bring the cost 
of the old road to about 91,000 per mile. It appears from other tes- 
timony, that the company paid 9700 in village improvements and 
in money, to the trustees of the village of Gibbonsville for a bridge 
within the limits of that village, which, deducted from the estima- 
ted value of the old road, as appraised by the witness, would leave 
•4,800 (its length bemg five miles) as the value of that road, in- 
stead of •201.50, the valuation thereof by the appraisers. 

It is difficult to reconcile the disparity in the estimated value of 
the road by the witness, and that by the appraisers, unless die 
former included the labor performed under the ordinary highway 
assessments as a part of its value, or, unless he included in his es- 
timate the value to the farmers of passing the road exempt from the 
payment of toll: for it appears that Gen. Van Rensselaer, until re- 
cently, was under an engagement to work the road the length of his 
farm, being about 2 miles; which would leave only 3 miles to con- 
sume the 95,000, in shaping the road, building a bridge, (for there 
apjA^ars to be but one on this three miles,) and removing the stone. 
From the condition of the road, it can hardly be supposed that 
this amount had been expended, independent of the ordinaiy high- 
way tax, it being almost impassable for loaded carriages for seve- 
ral weeks in the spring and fall, and the mail and other stages be- 
ing repeatedly obliged to turn into the fields; and in 1826, the 



No. 69.] 7 

stages entirely suspended passing between Albany and Troy for 
4 or 5 days- 
One of the appraisers states, that in estimating the damages 
claimed by the commissioners of highways of the town, he did so 
with reference to the privilege granted the farmers of passing 
free of toll, but in estimating the damages of the owners of the 
land, it was done without such reference. Nothing of this kind 
appears in the inquisition made by the appraisers, and filed in the 
clerk's office, which inquisition has been laid before the committee, 
and in which the appraisement ot the claims by the commission- 
ers is entered in the usual form, without specifying in what man« 
ner or upon what grounds the amount was arrived at. And when 
it is considered that the commissioners bad the right of appeal 
from the determination r>{ the appraisers, it may be questioned 
whether, at this late day, the appraisement ought to be disturbed; 
it certainly should not, if, from all the circumstances detailed in a 
former part of this report, the opinion should be entertained that 
the applicants had notice of the application of the company to the 
Legislature in 1629; for if they had such notice, the rights of the 
parties were fully and finally settled by the act which passed at 
that session. 

The doctrine of vested rights is not limited to one of the parties 
in this controversy, but is interposed by both as a shield to their 
respective interests; the com'pany claiming protection under it for 
the holders of stock acquired since passage of the law of 1829. — 
From the the books of the company it appears, that 186 shares of 
the stock have been taken since the passage of that law, and 730 
shares have been transferred during the same period. These new 
interests claim the protection of the Legislature; and it is to be pre- 
sumed that nothing will be done to impair them without sufficient 
cause. 

The vested rights of a stockholder, as such, however, cannot be 
regarded as of that sacred character as those of an individual not 
connected with a stock company; for while the former may be af- 
fected or impaired by an alteration or repeal of the charter, a pow- 
er reserved in the Legislature, the latter can only be divested of 
his rights to property when it is required for public use, and not 
even then without a fair equivalent being paid therefor; but in the 
present case, the rights claimed by the petitioners caimot be view- 
ed as ever having become vested in them. They were, at most. 



8 [SSNATI 

only inchoate and dependent tipon the contingency of the road be- 
ing constructed; and the burden of proof, so far as proof can es- 
tablish such a matter, leads the committee to the conclusion, that 
the road would have been abandoned by the company, had Qot 
the act of 1829 been passed. 

Were a view of this whole subject to be taken without regard 
to the interests, or what are denominated and claimed as the 
'^ rights'' of the respective parties, it might be a proper subject of 
inquiry, how far the farmers of Watervliet are indemnified for 
the exactioifs upon them, in the form of tolls, by the increased va- 
lue of their real estate, consequent upon the existence of the road, 
and also by the relative diminution of their taxes in consequence 
of the capital of the company being taxed in their town. The 
taxes paid by the company to the town of Watervliet, during the 
three years that their capital has been the subject of taxation, 
amounts to the annual average of $362.56, and the real estate has 
enhanced in value from fifty to two hundred per cent. In addition 
to which, the facility is afibrded to the farmers of that towi^ to 
avail themselves of- the advantage of the Albany market at all 
times, while the condition of the other avenues leading to that ci- 
ty, denies to the farmers of the adjoining towns, at certain seasons 
of the year, nearly all intercourse with that market. These con- 
siderations, it is admitted, do not legitimately bear upon the ab- 
stract question, whether the farmers Of Watervliet have been sur- 
reptitiously divested of their rights by the company; but it is re- 
spectfully submitted, that should it be considered that the conduct 
of the company, in their application to the Legislature in 1829, 
was open and without concealment, or even should doubts be enter- 
tained on that subject, whether these consideration would not pro- 
perly have a bearing upon an equitable settlement of the question. 

The rates of toll were not afiected by the act of 1829, farther 
than to charge three cents for every additional horse attached to 
the vehicle specified in the act of 1828. 

The committee do not consider themselves called upon to exa- 
mine into the reasons why the act act of 1829 exempts the com- 
pany from the operation of the provisions contained iii the 86th 
section of the 3d article and first title of the law relating to turn- 
pike corporations, inasmuch as no question has been raised before 
them in reference thereto, nor does it form any part of the subject 
of complaint by the petitioners. 



No. 50.3 9 

It is proper to reimilc, that this question has, on two former oc- 
casions, 1»een presented to the Legislature for its consideration. In 
1830, a report was made in the Assembly favoratde to the prayer 
of the petitioners. (Assembly Doc. of 1830, No. 229.) In 1831, 
4k committee in that body reported against the application, (Assem- 
bly Doc of 1831, No. 02,) from which time, untiJ the present, the 
application has not been renewed* Your committee have not heen 
able to discover any sufficient cause to justify a conclusion diffe- 
rent from that arrived at by the committee of 1831. They there- 
fore recommend the adoption of the following resolution: 

Resohedj That the prayer of the petitioners ought not to bo 
Ifraiited. 



l&Mktm No. W.] 



DOCUMENTS 



Testimony taken before the conunittee on roads and 
bridgen, upon the application of the fanners of the 
town of Watervliet to be exenapted from Hie payr 
ment of toll at the gate of the Watervliet turnpike 
road company* 

It is admitted that Mr. Hinhoase, Mr. Dunlop and Mr. Schuy- 
ler, applicants for the act of incorporation, in obtaining signatures 
to the petition in Watervliet, represented that there should be a 
clause in the bill exempting the farmers of that town from the pay- 
meat of toll. 

John C SehuffieTj sworn* He is the supervisor of Watervliet; 
he is a farmer; was born in Watervliet, and always lived there; 
he was 83 years of age last December. In the summer of 18528, 
witness was informed by Mr. Kidc, a stockholder, that the com- 
pany intended to apply to the LiCgislature for an amendment to 
their charter, so as to siA)ject the citizens of Watervliet to the 
payment of toll, and for some other amendments. The following 
winter, witness applied to Jeremiah Schuyler, a director in the 
company, to learn whether such was the intention of the compa- 
ny ; he wrote a certificate, dated the latter part of February, oer- 
tifyiDff that the company had taken a vote not to apply for an 
ameadment to safaject* Che fanners to the payment of toll. Wit- 
ness interested hiaiself to obtain subscribers to the petition, on the 
express understanding that the farmers should go toll free, and but 
for the certificate, they would have got up a remonstrance. The 
appraisement of damages was made previous to the amendment 
being passed, and no subsequent appraisement was made* The 
pledge or aspreeroent was made by Hillhouse, Dunlop and Schuy- 
ler in the fall d^ 1827; Jeremiah Schuyler was principaHy eng^ed 
in getting subscribers and in giving the pledge. There were nine 
directors in the company. 

Saw the notice ot the company to apply to the Legislature for 
amendments; the road, in the spring of I8S8, was worse than it 
had ever been. They have not applied for relief to the I^egisla- 
tare since 1881, for the reason that they had had such bad luck in 
former applications. . He, however, had been anxious to press the 
application; first knew the paper marked '^ A'' about the time it 
was dated; never sisned any remonstrance. Last year, witness 
marketed 146 tons of hay, I of which came to Albany. Can car* 
^y gr^Miter loads now than formerly; cant think that his property 



19 (Senats 

has increased in value in consequence of the road; there has ne- 
ver been any difficulty with the road except the tolls; the road is 
always good. 

John Schuyler, jr. tokl witness, sometime pending the applica- 
tion to the Legislature in ^29, that Jeremiah Schuyler had inform- 
ed him (John jr.) (after the date of the certificate marked '*A") 
that Leonard, then one of the directors, had changed his vote so 
as to authorise them to apply for a repeal of the elevenih section; 
thai Jeremiah Schuyler was dissatisfied with it; that he had talked 
to Mr«^ Townsend and Mr. Dunlop about it, who thought the appli- 
cation wrong, and that they wottid so represent it lo the commit- 
tee of the Assembly, 

Henry Van Olinda^ sworn. Was a commissioner of highways of 
Watervliet in 1829; still resides- there* Jeremiah Schuyler was 
a director in the Watervliet Turnpike Company; in a conversa- 
tion with Jeremiah Schuyler, in which witness expressed his fears 
that the company would apply for a law to subject the farmers to 
pay toll, Schuyler said the company had no such intention. Wit- 
ness applied for pay for the old road; the appraisers allowed them 
8201 .50; this allowance was made in the fall of 1828; this amouDt 
was paid them; the old road went along the river; Mn Van Rens- 
selaer gave the new road for the old road; the old road belonged 
to the town, it was a public highway; there was a gate on the old 
road at the manor house. The patroon was to work the new road 
the length of his farm, when the location .was changed. Has seen 
or had notice of the intention of the company to apply to the Le* 
gislature for an amendment; made no inquiries respecting the na- 
ture of the notice; did not suppose that the toll would be put oo 
them. 

FrancU Lansing is a farmer residing in Watervliet; was super- 
visor in 1828; (for Mr. Parker's testimony see Assem. Doc. 1831, 
No. 92,) conversed with Mr Parker, who is now dead, soon after 
the appraisement was made, as to what the $201.50 was allowed 
for. (This conversation objected to and overruled.) The quantity 
of old road now occupied by the turnpike is 23 or 24 acres, and 
belonged to the town; the old road had been occupied about 25 
Tears as a road. Knew nothing of the application to the Legis- 
lature for a repeal of the exemption clause, but knew of an ap* 
I plication; thinks he was informed by Mr. Dunlop and Mr. Schuy- 
er, that all they applied for was an alteration in the upper part of 
the road, but of this he is not certain. Individuals were named to 
oppose the passage of the original law; ihcre was afterwards an 
understanding that the farmers should be exempt, and then there 
was very little if any opposition; thinks he has not said that the 
condition of the farmers was bettered by the new road. If he 
were to travel the road as often as he did prior to the construc- 
tion of the turnpike^ he would prefer to pay the toll to having the 
old road. 

Cornelius Fonda is a farmer in Watervliet; knew nothing of the 
application of the company for an ameiidment of their cbarter; 



No. 59.] 19 

dont know that he knew any thing of any application to the Le- 
gislature; would prefer the old road to the present. 

George Batterman was one of the appraisers, thinks in 1828; Ae, 
as one of the appraisers, estimated the dannages with reference to 
the privilege which the farmers should enjoy of passing the gate 
free of toll; their allowance was only for materials which had 
been furnished for the old road. The commissioners of highways 
claimed pay for the land, which the 'appraisers did not find them- 
selves authorized to allow. The appraisers awarded damages to 
the owners, where new ground was taken, without reference to the 
exemption, but in appraising the value of the old road to the town, 
they took the exemption into consideration. 

The minutes of the proceedings were left with Mr. Parker. — 
One consideration which influenced the commissioners in estimat- 
ing the damages was, that they would be exempt from working 
the old road. He is certain that he, as one of the appraisers, 
made no allowance but for materials in a bridge or two, or sluices. 

Abraham Ten Eyck^ Jr.^ a farmer in Watervliet; passes the gate 
on his way to nyatket; he was not apprized of the application to 
the Legislature to* amend the act so as to prevent the farmers from 
going toll free; lie supposes that his business was of a character 
to enable him to learn of such application more readily than the 
farmers of that town generally; if the application had even been 
partially known, he would have heard of it he thinks; would as 
soon have the old road as the new with his liability to pay toll; 
witness refused to sign the original petition; he had no opinion of 
the integrity of the representation that the farmier should go toll 
free* 

In 1828 and '29, he worked 27 acres of land; his highway tax 
is not diminished on account of this road; heard nothing of the 
application, save that the company intended to apply to cut off the 
north end of the road; lives about three miles from Albany; has 
sold real estate on the road since the road was made, at the rate 
of 82,500 the acre; 4} acres for about 92,400; real estate has in* 
creased throughout the town 50 per cent, some parts of the town 
2 or 300 per cent. Did not think the present amendment would 
be made, as the legal notice had not been given; has taken an in- 
tercst in getting up the present application; is not aware that he 
opposed the first act of 1828. He had frequent intercourse with 
Gerrit Y. and Christopher Lansing, who took the newspapers, and 
would be likely to sec a notice; he heard no objection from them 
to the proceeding of the company; G. Y. Lansing lives adjoin- 
ing witness. 

(Paper read marked A.) Witness first saw this paper in 1830; 
proved the signature; for the last year his team has not been to 
market over 20 times; has often gone to Gibbonsville to market to 
avoid the toll; never paid any toll until within 3 or 4 months; has 
sent DO produce to market since toll bos been exacted from him. 



14 [Sbmati 

The shaping of the road, the making of the bridges, and re* 
moving of stones would inake the old road cost about •1,000 a 
mile; there was a bridge at Dunlop's which cost the town aboat 
#200; the bridge near the arsenal cost, as be presumes, 9500. 

Mraham Schuyler^ is a fanner of Watervliet; always lived 
there ; had no notice of the application to the Legislatore to take 
off the exemption clause; thinks he would have heard of it if it 
had been generally known; saw the notice which was published; 
his father sold $250 worth of stone to the company for the road; 
lives, about 11 mile from Gibbons ville; his market, previous to the 
gate being put up, was at Albany, since that time, at Gibbonsville. 

Conrad A. Ten Eyck^ is county clerk, sworn on the part of the 
company, produces the appraisements of '28 and '29, and the pro- 
file of the road, and establishes their authenticity. 

Awry Tracy^ sworn for the applicants, moved to Watervliet in 
the spring of '28; is a farmer, lives on the Hillhouse farm; Mr* 
Hillhouse often represented that the farmers of Watervliet were to 
go toll free; he went toll free, with the exception of a short time, 
until the I9th June last; Mr. Hillhouse's family carriage dont pay; 
witness has paid from $80 to 9100 for toll since 10th July, that isf 
for the Hillhouse farm, for carrying milk, &c. to market. Thinks 
thisi application would not have been made if the exemption • from 
toll had been continued to those living within one mile of the 
gate. 

James JD. fVasson^ is and has been a director in the company 
since its incorporation; at the first application in the fall of 1826, 
witness was opposed to a turnpike, deeming a gate between this 
and Troy against his interest as a keeper of a livery stable; an 
attempt was made to improve the road by subscription«-it failed. 
In the fall of '27, he became an applicant fur a McAdam road. The 
board of directors were elected under the act of 1828, May 8tk 
of that year; books for subscription were opened, but the stock 
could not be taken up; monied men deemed it a bad speculation; 
the stock consisted of 000 shares of SlOO each; the main part of 
600 shares was taken up previous to the election of directors. 
Dec. 17, 1828, Mr. Dauchy, from a committee to procure subscrip- 
tions to the stock, .deemed it so important that he made a formal 
report that he had succeeded in getting 20 shares subscribed in 
Troy. Commissioners of highways of Watervliet sat up a claim, 
at the meeting of the appraisers, for the old road; they were told 
by a committee of the company, that it was unjust that they should 
pet pay for the old road, and be permitted to go toll free* They 
msisted upon damages; the companv and commissioners could not 
arrange tnis matter; they claimed, he thinks, tS^OOO; the apprais- 
ers, upon investigation, allowed them, for the old road, #76, and for 
a bridge, &c., in all to the amount <^ #201 .50; they were told, that 



No« 59.] 15 

if they persisted in their claim of pay for the road, the company 
would not go on ^ith the worky but would apply for a repeal of 
the 11th section. They did nothioff towards making the road un- 
til Dec. 18S8; the proprietors at West Troy were allowed 91,500 
damages, which the company deemed too much. On the 3d Dec 
1888, the company finally determined to apply to the Legislature 
for amendments; an alteration was made in the southern" termina- 
tion of the road, also at the northern termination of the road; the 
two terminations were cut off about 40 rods, or over, at each end; 
an alteration in the toll was made also; an alteration was made in 
the bed of the road. Jeremiah Schuyler came down after the bill 
was drawn, and requested a meeting of the directors; the direc- 
tors met 2d March, 1820; the directors had the act of '29, as it 
passed, before them; the meeting was full; they had some difficul- 
ty in settling the toll; Mr. Pierce, stage proprietor and director, 
opposed raising the toll on stages. The 11th section was then 
discussed; they had the remonstrances before them; Jeremiah 
Schuyler moved to abandon the amendment proposing to make the 
farmers pay toll; his motion prevailed by 5 to 4. Witness then 
told them he would have nothing more to do with the road, and took 
his hat to leave the room; some others of the directors were on 
the point of following; him; Mr. Leonard then observed that he 
did not see why the farmers should go free and not the mechanicS| 
and he would change his vote; the vote was then again taken, and 
stood 5 to 4 for the amendment to retain the clause to repeal the 
1 Itb section. Mr; Schuyler said he should resign his seat as a di- 
rector, and do what he could to prevent the passage of the act; 
that he felt bound to do so, as he had obtained signatures to the 
petition, by assuring the farmers that they should go toll free. Up 
to this time, nothing had been done towards making the road; it was 
delayed to get relief from the heavy assessments, and to get the 
11th section repealed. The Port-Schuyler company laid heavy 
claims for their lots; charged high for gravel — ^from 10 to 12) cts. 
per yard. From the time the repeal of the 11th section was first 
spoken of, there never was any concealment on the part of any of 
the directors, so far as witness knows, to avoid its being known. 
Respecting the notice, they had difficulty with the commandant of 
the arsenal lot, and were not able to specify definitely what alte- 
ration they would eventually make in tne road; they therefore in- 
serted ^ and for other purposes.'* Mr. Hillhouse complained oc- 
casionally about the farmers paying toll; on the 10th Juno last, 
the board resolved to make Mr. Hillhouse pay toll. 

In June, 1884, when this resolution was passed, Mr. Hillhouse's 
family carriage was exempted from toll, for the reason that he 
claimed to have rendered the company services for which he had 
received no remuneration. Jeremiah Schuyler was exempted from 
toll, because he had been one of the acting committee in construct- 
ing the road, for which he had never been paid; the other mem- 
bers of the committee had been paid for their services; the divi- 
dends have not amounted to seven per cent; they keep from 10 to 
12 men employed, never less than tnree, in keeping the road in re- 



] 



16 [SaiiAn 

pair. The stock has never been all taken ; there has been 1 86 shares 
taken up since the act of '29 was passed; 730 shares have been 
transferred since the act of 1820. In 1832, paid (248.20 for tax- 
es an the road; in 1833, $569.40; in 1834, $270.10, and in 1835, 
1^84.20. ^ The road is asscssed.at 873,000. In June '31, witness 

Eaid the commissioners of the town 9201 • 50. The old road was very 
ad, and had been so for many years. In 1828, the road was so 
bad, that the stages did not pass between Albany Troy for 4 or 5 
days. The board of supervisors, after an examination by a com- 
mittee appointed for that purpose, declined taking the road under 
the law of 1828 

The (500 bridge spoken of by. Mr. Ten Eyck, was paid to the 
trustees of Gibbonsville, partly in money and partly in widening 
the road through the village; the estimate for the bridge was, as 
witness thinks, t700; the money paid was 950. The travel of 
stages is more injurious to the road than the farmers' wagons. — 
The stock was not all subscribed in 1828, nor is it all taken up 
now. The bridge was the prime object for which the village claim- 
ed damages. The stock cannot now be had at par; previous to 
the alteration of the charter, about 41^0,000 of stock was subscrib- 
ed; this amount of subscription was obtained with much difficulty; 
it was not expected that that would build it. The actual outlays 
have been over (75,000; 840 shares, at $90 each, paid in, have 
been expended on the road, besides 411,200 from the United States 
for a change in the route of the road« 

Dont know what the stock is worth now; has heard that the 
stock has been sold at 2'5 per cent above par; they have been re- 
pairing the road every year. Thinks the road will resist rain bet- 
ter than when it was new, but cannot discover that it resists the 
effects of freezing and thawing better than when it was new; 
thinks the costs of repairs for the next five years will be less than 
for the last five. Dont know whether the opening of the sub- 
scription was advertised; a committee of the directors was ap- 
pointed to solicit subscribers to take stock; has recently been un- 
able to sell stock at 15 per cent. S. Van Rensselaer, Jr., witness 
understands, applied for stock after the amendment of the charter, 
but did not get it, owing to a difficulty between him and Mr. Dun- 
lop; the cutting off the endfii of the road saved the company an 
expense of say $8,000; thinks there was no alteration in the tolls 
only on stages; (witness refers to the act for the alteration,) have 
divided as high as $4 upon the share, semi-annually; but this was 
through mistake; the tolls have not, for any one year, enabled 
them to make a dividend of $4 on the shicre, semi-annually. Dont 
kaovfj that at the meeting on 3d Dec. 1828, it was determined to 
ask a repeal of the 11th section; his impression is, that he drew 
the notice of application to the Legislature; similar notices had 
been published; the law ofiSicer of the board did think the notice 
sufficient to comply with the requirements of the Revised Statutes; 
this opinion of the counsel was obtained after the notice was pub- 
lished. 



No. 59.) 1*^ 

J. T. B. Van Veehteit. Al the sdliciutioii of Mr. Dunlop, tvil«* 
nesa subscribed for stodi; at the first meeting after the board or^ 
ganized, witness was elected a director and appointed secretary of 
the board; he kept the minutes* In the fall of '28, a variety of 
alterations were spoken of at the meetings of the directors; at a 
meeting on the 3d Dec 1828, the amendments were severally dis^ 
cussed; it was then determined to apply for amendments to the 
charter for one particular object, and lor other purposes; witness 
thought the notice insufficient; he was answered that the notice 
was sanctioned by numerous precedents; the object of the notice 
in the form published, was to enable the company to make other 
alterations in the charter, should they be deemed necessary. The 
repeal of the 11th section was not finally determined upon until the 
17th December, the day the notice bears date. The resolution di- 
recting the publication of notice was adopted on the 3d Dec. Oa 
the 2d March, '29, when the bill was before the Legislature, Je* 
remiah Schuyler called on witness to know by what authority the 
repeal of the 11th section was contained in the bill; he was re* 
ferred to the resolution on the minutes; this resolution authorized 
a committee of the board to ask for leave to abandon part of the 
road^ and for such other alterations as the committee thought pro- 
per. Mr. Schuyler declared that no such resolution had been 
adopted. A meeting of the board was immediately called; at that 
meeting, Mr. Schuyler and witness had a controversy about the 
fact whether such a resolution had ever passed; the board decided 
that the resolution had been correctly entered. The bill before 
the Legislature was then taken up by the board, and discussed 
section by section. When the repeal of the 11th section came 
under discussion, Mr. Schuyler opposed it, for the reason that he 
had obtained signatures to the petition in Watervliet, on the ground 
that the farmers should be exempt from toll; he was answered, 
that that engagement had been complied with; that the road had 
now passed mto the hands of directors, and other interests were 
engaged in the matter who could not be bound by that agreemeht. 
The question was then taken on that clause of the bill, and it was 
determined by one vpte to strike it from the bill. Two or three 
of the directors then declared that they would have nothing more 
to do with the rood; Mr. Learned then moved a reconsideration; 
the motion prevailed, and they determined to go on for the amend- 
ment. Mr. Schuyler became very angry, and determined to go 
home and let the people know that the application was for a re- 
peal of the 11th section; that he did inform his brother at Water- 
vliet of such application. 

Gen. S. Van Rensselaer was unwilling to take stock, but was 
pressed by witness after the amendment to take stock ; Gen. Van 
Rensselaer consented to take stock, but owing to a difliculty be- 
tween Mr. Dunlop and Gen. Van Rensselaer, he did not get it; 
efforts were made to get the stock taken up in 1828. There was 
nothing secret about the application to the Legislature; Mr. Schuy- 
ler was determined to make all the opposition he could; he was ne- 
ver given any thing to quiet his opposition that witness knows of. 

[Senate No. 50.] 3 






18 [Sbhatb. 

There never was any inducement held out for the purpme of 
quieting opposition, that any individual should go toll free* No-^ 
tice was given of an appFication to the Legislature last winter for 
certain amendments. Mr. HiHhouse, one of the committee to 
forward the appfication, wished the Legislature to settle the ques- 
tion, whether those living within a mile of the gate should go toll 
free; Mr. Wasson, one of the committee, did not agree to the 
proposition, and in June last, a resohition was adopted to exact 
toll from all. Mr* Hillhouse's family carriaffe was, by another 
resolution, exempted from toll; Jeremiah Schuyler was also ex* 
cmptcd from toH; previous to June, toll was not exacted front 
those living within a mile. Nothing was done with the intention 
of making this road until after the amendment was obtained. 

Witness understood, and it was the understanding of the direc- 
tors, that the appraisement to the commissioners of highways was 
unjust; that they had no claim, and that the whole appraisement 
was too high, and unless they could obtain an equivalent from the 
Legislature, by subjecting the farmers to pay tolt, the road would 
not have been made. Has known instances where the rights of 
corporations and individuals have been materially affected by acts 
of the Legislature, under similar notices to the one given by the 
company, but cannot cite any particular case, not having examined 
the subject since the notice was a subject of discussion by the 
board. 

Gen. 8. Van Rensselaer^ Jr. Is a director of the turnpike com- 

J>any; became a stockholder after the law was amended; was of* 
ered stock before the amended law passed, but would have noth* 
ing to do with it, for the reason that the inhabitants of the town 
were to go toll free. There never was any thing like a disposi* 
tion in the directors to conceal from the farmers of Watervliet the 
application to amend the law, so as to repeal the exemption clause; 
it was an open transaction. Their assessment for highway labor 
is higher qow than it was previous to the construction of the turn- 
pike. 

Was opposed to the road on apcoqnt of its location, which he 
considered would injure his father^s property by passing near the 
house through the yard; he considered the stock would not be 
good; as soon as the amendment wa^ passed be was in favor of 
the road. The enterprize he deemed a hazardous one; the road 
has materially enhanced the value of the lands through which it 

{lasses. He opposed the road on account of its proposed southern 
ocation, and declined taking stopk because thp charter contained 
the exemption clause. 

John Totonsend. Never said that the application for a repeal 
of the exemption clause was wrong, and that he would so repre- 
fent it to the committee of the Assembly. The directors deter- 
mined not to go on with the road unless the repeal of the exempt 
tion clause was effected. The application for the repeal of the 
clause was never concealed from the farmers, but it was open 



No. 59.] in * 

and undisguised, and frequently talked about In 1829, pending 
the application for. the repeal of the exemption clause, Mr. Burt, 
chairman of the committee, called on witness two or three times, 
stating that the people of Watcrvliet were running him down 
about the road; witness told him he must do as he thought pro- 
per about it; that the road would not be made unless the bill pass- 
ed, and the committee must do as they pleased ; that he should 
not go to the Capitol about it. The notice was pronounced to be 
sufficient by Jud^ Spencer, to whom it was submitted by witness. 
Witness and Mr. Dunlop were a committee to promote the pas- 
sage of the bill; witness never called upon a member in behalf 
of the application; never submitted the opinion of Judge Spencer 
to the board. The principal object of the application was to get 
a repeal of the exemption clause. The road has enhanced the va- 
lue of the property .through which it passes very much. The 
stock is all subscribed now; Mr. Hillhouse took his stock after the 
amendment; he sold out the stock which he took previous to the 
amendment at par. 

Robert Dunhp, was one of the first applicants for the road; he 
lived on the line of the road. Is acquainted with Col. Francis 
Lansing; thinks he never told him that the company did not intend 
to apply for a- repeal of the 11th section; thinks he never told Je- 
remiah Schuyler that he considered the application to the Legisla- 
ture for a repeal of the 11th section unjust, and that he would so 
represent it to the committee of the Assembly. Witness lived in 
Watervliet, and considered himself as having an interest in retain- 
ing the 11th section, but never concealed from any one that the 
company were applying for a repeal of the 11th section, and the 
subject was frequently spoken or in Watervliet. There was dif- 
ficulty in getting the stock taken up, but before the books were 
opened, there were plenty of applicants for the stock; the stock 
was not sought for when the provisions of the original law became 
public. Considers the value of his property as enhanced in value 
by the road; lives a mile or over north of the gate, and is subject 
to toll; he considers his property doubled in value; has no doubt 
that the road would have been abandoned but for the passage of 
the act of 1839. Witness was indiflerent whether the law pas- 
sed or not; felt an interest in going toll free. He now owns 
about 918,000 of the stock, and has an inierest in retaining the law 
as it now is. Is not certain whether he paid anv premium for his 
stock; could have had the whole of the stock previous to the 
amendment, as every one appeared willing to part with it. He 
voted for a repeal of the 11th section on the 2d March, 1829; pur- 
chased stock from a number of persons in diflferent small lots. — 
The subject of the amendment was a common topic of conversa- 
tion in the town; cannot name any particular individual by whom 
it was spoken about; he was frequently in at Nash's tavern, where 
he often met Judge Ten E vck ; the subject of a repeal of the 1 1 th 
section was freaucntly spoken of there. He put tiie notice in the 
papers, but thinks he did not draw it; he thought the notice was a 



20 [SxifATB 

proper one. Witness was opposed to Gen. S.. Van Rensselaer htr* 
ing stock in the company on account of personal difficulty between 
them; this was after the amendment was passed. Gen. Yio 
Rensselaer refused to take stock. 



(A.) 

Certificate of Jeremiah Schuyler^ referred to in the testimony. 

At the last meeting of the board of directors of the Watenrfiet 
Turnpike Company, it was then determined that the charter of 
said company should not be altered so as to charge the farmers of 
the town of 'Watervliet for toll on said road, unless they were car- 
riers of passengers: this alteration 'was proposed by some of the 
board. I told them that I felt myself in duty bound to oppose any 
such amendment; in consequence of which, a vote was taken, that 
no application should be made for any such alteration in said char- 
ter. As witness my hand this 23d Feb. 1820. 

JEREMIAH SCHUYLER. 



«TATE OF NEW-YORK. 



No. 60. 



IN SENATE, 



February 26, 1835. 



REPORT 

Of the Comptroller, in relation to the steam dredging 

machine belonging to the State. 

COMPTROLLER'S OFFICE, 
Albany, Feb. 23, 1835. 

The Comptroller respectfolly submits to the Legislature the fol* 
lowing eomiminic&tion^ 

In the year 1827, an act was passed, (chap. 296 of the Laws of 
that year,) appropriating the sum of fourteen thousand dollars from 
the State treasury (or the improvement of the navigation of the 
Hudson river, from the State sloop lock at Troy, to the deep wa- 
ters at or below the village of Coeymans. It was provided in the 
law, that the money appropriated should be expended under the di*> 
rection of the Canal Commissioners, in constructing *' an improv* 
ed dredging machine," to be worked by a steam engine, together 
with boats and scows to attend the same, and all necessary en* 
gine tools and implements; and the Commissioners were prohibi- 
ted by the act from doing any act for the improvement of the river 
navigation, which should incur an expense on the part of the State 
beyond the appropriation then made. 

The 8d section of the act prohibited the payment of the fourteen 
thousand dollars to the Canal Commissioners, until satisfactory se- 
curity was given to the Comptroller, that such sum, not less than 
seven thousand dollars, would be paid by individuals, companies or 
corporations, as should be sufficient to keep the dredging machine 
in operation for at least two years. 

[Senate, No. 60.] 1 



% [Senatk 

This sonr was raised by the corporations of Albany, Troy, Lan- 
singburgh and Waterford;^ and by the aid of a subsequent ^pro- 
priation of 92,000, by chap. 974, of the Law» of 1829^ Ihe steaift 
dredging R>achine wais constructed. 

The report required of the ConmrissioneFS by the act of 1827, 
may be seen by referemre to pa^ 207, of tbe Journab of the As- 
sembly for 1829 \ the Tocchers required by the 2d seetion of the 
act of 1829, ^ere furnished to the Comptroller. The total sum 
expended by the State for the dredging machine, was 1^16^009. 

After the expenditure of the nrwney raised for the purpose of 
keeping the nmchine in operation, it was brought into the basio, 
and sometinFie thereafter was ascertained to be rn such a conditioD 
as to require an expenditure of several hundred dollars to preserve 
and keep the inacbine afloat. There was do express authority for 
the Cana) Cpmmissionera or the Comptroller to expend money in 
repairing or preserving the dredging machine; but as it was occa- 
sionally needed to clear out the channel from the side cut to the 
river at West Troy, it was concluded, on a submission of the ques- 
tion to the Cana) Board, that the acting ConxDissiouersbouM make 
the expenditures required to preserve the dredging maebine during 
the winter; and he accordingly did so; and the vouchers for this 
expenditure were allowed to him, as the acting Commissioner on 
this section of the canal. The sum thus expended amounted to 
about 9300. 

In 1838^ the Comptroller made an arrangement with Harman V. 
Hart, to take charge of^ and repair the dredging machine, and to 
use it to indemnify himself for his expenses in repairing it*. From 
the spiing of 1833 to the present time, be has had the custody of 
it, and has expended, as he states, about 91,800 in repairs. He 
has used the machine in excavating for the Hudson and Delaware 
canal company, the Hudson and Mohawk rail-road company^ and 
the Albany pier company; and he was also employed in deepening 
the channel at the overslaugh in 1833. The roachioe has also beea 
used in excavating between Albany and Troy, and at Troy. When 
employed in the latter service, the inhabitants of Troy worked the 
dredging machine at their own expense. 

Since the machine has been in the custody of Mr. Hart, nothing 
has been expended by the State to repair or preserve it; and on 
the 30th of June, 1834, Mr. Hart paid one hundred dollars Into the 
State treasury on account of the use of it. 



No. 60.] 3 

The dredging machine is now out of repair, and an application 
has been made for the use of it the coming season; and those who 
are to use it, wish to know whether it can be procured, in order 
that preparations may be made for repairing it; or if it cannot be 
obtained, that it may be known in time to enable them to construct 
a new machine. 

The Comptroller therefore recommends that the dredging ma- 
chine be given into the hands of the corporations of Troy and Al- 
bany, or either of them, requiring bonds to be given to keep the 
machine in good repair, and subject at all times to the requisition 
of the acting Commissioner on this line of the canal, or the Comp- 
troller, whenever in'the opinion of either, it shall be necessary to 
clear out the channel at the side cut opposite Troy, or at the con* 
nectiOn of the canal with the Albany basin. The machine to be 
used at all other times as the said corporation or corporations may 
direct; and when used on the requisition of the Commissioner or 
Comptroller, the expense of working the machine to be paid for by 
the Sute. 

If the corporations of Albany and Troy do not agree to take the 
dredging machine together on these terms, it might be sold to the 
city making the best offer, with the reservation in any case of the 
use of the machine for the State as before mentioned. 

There was a small boat as a tender to the dredging machine, 
constructed with a steam engine, for the purpose of towing the 
scows when filled, 'from the place of excavation to the place of 
deposite. This boat was so far decayed, and such depredations had 
been committed upon the machinery, that the engine was taken out 
of the boat and removed to the furnace of L fc J. Tov^nsend, where 
it lay exposed to the weather for a year or two, although efforts 
were made to dispose of it During the last year, the Messrs. 
Townsend offered 9500 for the engine, and the Comptroller made 
the sale to them at this price; and on the 9th day of December, 
1984, they paid the amount into the treasury. 

A. C. FLA66. 



STATE OF NEW-YORK. 



No. 61 • 



IN SENATE, 



February 7, 1835. 



ANNUAL REPORT 



Of Aaron Parsom, an Inspector of Sole Leather for 

the coonty of Cayuga. 

7b €ke President cf the Sende ^fihe 8Me efJ^Ttw-Yw^. 

As one of the aaspectors of sole leather for the county of Cayu- 
^ permit me, sir, throu^ you, to present my report to the Le- 
gislature of this State, as I am by law required. 

Since my last report in 1884, up to the 1st day of January, 
1885, I have inspected, weighed and sealed 8,206 sides of sole lea- 
ther, which I considered of the quality good, except 288 sides, 
which I stamped bad. 

Fees,...«..i •128 24 

Expenses, « •• 77 1? 

Profits, #51 07 

All which is respectfully submitted* 

AARON PARSONS, hepeetar. 
JHbrmta, Cajfrnga ca. JVt K,, FA. 2, 188S. 



[Senate No. 61.] 1 



STATE OF NEW-YORK. 



No. 62. 



m SENATE, 



February 7, 1835. 



ANNUAL REPORT 

Of H. R. Halsej, an Inspector of Beef and Pork in 

tiie county of Seneca. 

TO THE LEGISLATURE OP THE STATE OF NEW- 

YORK. 

The nnderaigDed, inspector of pork and beef, residing in the 
town of Lodi, is the county of Seneca, respectfuUy reports, that 
daring the year ending on the 81st day of December, last past, 
he has inspected the following nnmber of barrels of pork and 
beefi to wit; 

117 bbis* mess pork, 
340 bbls. prime pork, 
4. bbfai. thin mess pork. 

Total, 361 bbls. pork. 

5 bbls. mess beef, 
8 bbls* prime beef, 
I bbl. cargo beef, 

Total. 9 bbls. beef. 



Value of pork, at^ per bbl «•••• .... |8,S49 00 

Value of beef, at 95.75 per bbL 61 75 

Fees, • • • • 955 50. 

U. R. HALSEY, hspector, 
Lodij January f 1835< 
[Senate No. 03.] 1 



STATE OF NEW-YORK. 



No: 63. 



IN SENATE, 



March 3, 1835. 



REPORT 
Of Uie Comptroller, on the petition of Jabez Burrows. 

COMPTROLLER'S OFFICE, ) 
Albany, March 2dj 1885. ) 

The Comptroller^ on the reference from the Senate, of the pe- 
tition of Jabez Burrows, late collector at West-Troy, 

RBSPBCTf1JI.LT RBPORT8 A8 FOLLOWS: 

The petitioner was collector of canal tolls, at West-Troy, from 
1^24 to 1820. It is true, as stated in the petition, that every cap* 
tain of a canal boat, commencing a voyage, was required to take 
a elearmnce, and to deliver it to the collector at the place of desti* 
nation) or to leave it at the last collector's office passed by the 
boat At the close of the navigation, the collector is required to 
return to the Comptroller's office all the clearances thus deposited 
with him. The original clearances are sometimes essential in set 
tling, satisfactorily to all parties, the lists of errors growing out of 
the checks kept by the collectors upon each other. 

The manner of checking the accounts of collectors in 1824, was 
more full than at present It was as follows: When a clearance 
was issoed at West-Troy, on a load of merchandize destined to Buf- 
falo, the sum paid for toll thereon was receipted on the clearance 
by the collector ; when this boat arrived at Schenectady, the 
clearance was examined, and the collector at West-Troy was 
charged on the rolls of the collector at Schenectady with the sum 
which he had receipted on the clearance. The same thing was 

[Senate No. 68.] 1 



^ [Senatk 

done at LfttTe-Falfs, Utfca, Rome, and every other office between 
West-Troy and Buffalo. These checks were entered opon the 
rolls of alF the coHuctors, ivbich rolls were returned to the Comp* 
trolier^s office; and the original clearance shoufd hftve been left 
with the coHector at Buffalo, and returned to the Comptroller's of^ 
fice after the close of navigationr 

The rolls of the several collectors for 1884, 1825 and 1826, 
were compared, and the collectors were charged and credited with 
the various errors detected by this mode of checking each othcr^s 
receipts and calculations of toIL 

In 1824, the balance of errors against the petitioner, amoonted 
to $301 .82. Some of the items of errors for 1824, are as follows: 

Boat Mermaid : 4 collectors on the Erie canal charge collector 
at West-Troy, 98 .63, which he has omitted to enter on his rofl. 

Sea Serpent : 4 collectors west of him, charge the collector at 
West-Troy with •18.72, which is omitted on his rolL 

Waterloo TVader : 4 collectors west, charge the coDector at 
West-Troy with 970. 13, which he does not acccount for* It ap- 
pears that this boat cleared from Albany with 4 tons, 19.3.22j 
when it arrived at Schenectady, it had on 16 tons, 16.0. 

Enterprise : It'appears from the rolls of the collector at West- 
Troy, that this boat cleared from his office, and paid StaatSj col« 
lector at Albany, tl70.96: 4 collectors west charged this sum to 
the collector at West-Troy. It appears by a memorandum on the 
error book, that in 1827, Mr. Burrows admitted that be had found 
this •170.96 on his cash booL 

The residue of the amount of errors of 1824, is made up of small 
items, from 12 cts. to •O. In 1825, the petitioner was charged with 
•805.16, for balance of errors, which he paid. In 1826, the ba- 
lance charged to him for errors, was •205.78. This sum is made 
up» generally of small items, and the list of errors eovers 17 close- 
ly written pages in the error book, and embraces the errors made 
at the office in West-Troy, in relation to 250 boats. 

In 1827, the balance due from the petitioner was $505.41. — 
When called upon for this sum, he asked for delay in order that be 
might examine into the matter. This request was granted. On 
the 10th of March, 1830, hating satisfied himself as to some of the 



No. 68.] 8 

items, be paid to the Commissioners of the Canal Fund #250, and 
asked for further delay, and intimated at various times when call- 
ed upon to close the account, his intention of making application to 
the Legislature for relief. In this way the account has remained 
unsettled to the present time. 

When each collector kept a check upon every other collector, it 
was not deemed so essential to have the original clearance, as it 
now is, when the check is kept only by the collectors on each side 
of an office. In the case of the petitioner, all the large sums 
charged to him as errors, were found charged in the same way 
by four different collectors. Thebe charges were made by each 
collector on examination of the clearance, itself, and the proof 
of the error and receipt of the money by the petitioner or his clerk, 
is sustained by the concurrent testimony of four difibrent witness* 
es. It cannot be supposed that the production of the original clear- 
ance would show a state of facts differing from the testimony of 
the four collectors, who have charged the sums to the petitioner. 
The clearance, it is true, would show which of his clerks received 
the money; but for their acts he is responsible. 

In the opinion of the Comptroller, there is no reason for reliev- 
ing the petitioner from the payment of this balance, which would 
not apply to the balances of errors charged to collectors generally 
on the canals. 

Respectfully submitted. 

A. C. FLAG6. 



STATE OF NEW-YORK. 



No. 64. 



IN SENATE, 



February 26, 1835. 



REPORT 

Of the Canal Commissioners, on the petition and re- 
monstrance of inhabitants of the village of Oxfwd. 

The Canal Commissioners, to whom was referred^ by the Senate, 
a petition, and also a remonstrance, signed by several inhabitants of 
the village of Oxford, submit the following 

REPORT: 

The petitioners allege that the chief part of the village of Ox- 
ford, including all the public buildings and a majority of the dwel- 
lings and of the inhabitants, are on the east side of the river: that 
the east and west side of the river are united by a bridge, which 
has often been carried away by the floods of the river: that the 
river is boatable for twenty or thirty miles above the village, and 
on4ts whole extent below. They state further, that rafts, arks 
and boats annually descend the river with the timber and produce 
of the country; and that it is important to a large district of coun- 
try on that side of the river to have a communication by a lock 
between the river and canal, which is located on the west side of 
the river. • 

The petitioners ask the Legislature to direct the Canal Commis-- 
sioners to open said communication by a lock. 

The petitioners are probably correct in saying that the chief 
part of the village of Oxford is on the east side of the river. The 
canal is located on the west side, and a connexion between the 

[Senate, No. 64.1 1 



2 [Sevate 

canal and river would, no doubt, be convetnent to the business on 
the cast side of the river. 

The canal is located near the margin of the river where it passes 
through the village; and if the proposed connexion with the river 
is not made, property destined for the cast side must be carried 
over a bridge which crosses the river, near the centre of the vil- 
lage. This is a free bridge, of two or three hundred feet in lengili* 
and the necessity of carrying property to and from the canal across 
it, should not be considered burthensome; but it is proper to re- 
mark that the canal passes near the end of the bridge; and that 
between it and the river there is not sufficient space for a basin. 
The landing of property at this point would be inconvenient, and 
probably render a resort to a basin,^ on either the south or north side 
of tke village, necessary. 

The canal approaches near the river, about fifty, or sixty rods 
above the bridge, and a convenient location is offered for a lock. 
A mill dam below the bridge raises the water at this point, to a 
sufficient depth for boat navigation, and crossuig the river in this 
pond to the east shore would not be attended with any difficulty. 

The difierence in the level between the canal and river, could 
be overcome by one lock of five feet lift. It would be necessary 
to construct this lock in such a manner as to form a guard to the 
floods of the river. Since the reference of this petition, the Com- 
missioners have obtained an estimate from the resident engineer 
on that section of the Chenango canal, of the cost of constructing 
the lock aforesaid. 

The estimate of the engineer is based on the plan of a look simi* 
lar to those on the Chenango canal, and including the expense of 
opening a communication with the river, and the necessary guard 
to secure the canal from the floods, amounts to 98,845. This es- 
timate accompanies this report. ' 

This would be a river lock, difficult to rebuild or repair, and 
should be constructed of stone, laid in hydraulic cement, or on 
some plan, which would obviate the necessity in rebuilding the 
wooden chamber of the lock, to take up that part of it which is 
below the surface of the water. A change of plan to obtain this 
object would somewhat increase the estimate of the engineer. 



No. 64.] 3 

At a sufficient rise of water, arks and rafts descend the Chenan* 
go river from above Oxford to Binghamton, but it is believed that 
boats seldooi appear on the river. 

In referenee to the use of arks or rafts, of sawed lumber on the 
canal, a connection with the river, would be found in practice, not 
very beneficial. Arks for canal navigation are found to be incon- 
venient, and thus far all attempts to use them have been unsuc- 
cessful. The rates of toll on sawed lumber when carried in rafts 
are so high, as effectually to prohibit this kind of transportation. 

The remonstrance against the construction of the aforesaid lock 
urges that it would be injurious to, and operate unjustly on, the 
property of Jonathan Baldwin, through whose farm the canal 
passes, and *^ who has appropriated one acre of land for a basin, 
and has generously signed of^ and relinquished all claims upon 
the State for damages;" and that it is ^* unreasonable in'individu- 
als to ask the State to appropriate their funds to an object, for the 
gratification of a very few, and where, in all human probability, 
there will not boats enough pass or repass, within half a century, 
to pay expenses of tending the lock." 

The canal passes through the farm of Jonathan Baldwin; whe- 
ther he has released his claims for damages is not now recollected, 
and it is probably true that he has appropriated one acre of his land 
for a basin; though the fact is not known to the Commissiners. 

The farm of Mr. Baldwin lies contiguous to, or extends into 
the village of Oxford, and it is believed that the lock in question, 
if constructed, would be located on his land; but not on the land 
appropriated for a basin. 

The Commissioners cannot conceive how the construction of the 
lock could be injurious to the property of Mr. Baldwin, unless it 
would be in diverting a portion of the anticipated business at his 
proposed basin. 

The construction of the lock in question will not probably bring 
to tho canal any additional property, nor increase the tolls, but 
would be an accommodation to the business on the east side of the 
river, to which the inhabitants on the west side can have no rea- 
sonable objections. 



" 4 [Senate 

The Commisaionera have stated the probable cost of construct- 
ing the lock in question, the advantages resulting from it, and the 
propriety of making necessary appropriation is, as they conceive 
it should be, submitted to the virisdom of the Legislature. 

All ^hich is respectfully submitted. 

W. C. BOUCK, 
JONAS EARLL, Jon. 
MICHAEL HOFFMAN. 
Feb. 25iA, 1835. 



DOCUMENT. 



Estimate of the expense of a lock at the Oxford basin, 
opening a communication with the Chenango river 
at said place. 

1,584 c. yds. earth excavation for pit, • • at 25 c. • . f396 00 

1,056 ^' embankment, at 15 c. . . 158 40 

100 '« slope wall, at$l, .... 100 00 

190 c yds. masomy^in.hjMlraulic cement, at 93 .50, 665 00 

531 '' '' laiddry at«1.95,. 1,035 45 

352 c. feet while oak timber,^ at 40 c. . . 140 80 

72 " " at 15 c. .. 10 80 

1,170 ^' pine at 25 c... 292 50 

3,975 '' hemlock atlOc. .. 307 50 

507 feet board measure, white oak, • at 940 perM. 20 28 

12,485 «' '^ pine, . at 926 per M. 324 61 

16,912 ■ " hemlock, . . at tlO per M. 169 12 

1,301 " cedar, at #40 per M. 52 04 

93,672 50 
Add 250 c. yds. excavation at foot of lock, at 25 c. . • 62 50 

One towing-path bridge at head of lock, . , 1 10 00 

Whole expense, . • • • ^8,845 00 

ORVILLE W. CHILDS, ~ 

Resident Engineer, Chenango canal. 



STATE OF NEW-YORK. 



No. 65. 



IN SENATE, 



March 10, 1835. 



MEMORIAL 

Of the Chamber of Commerce of the city of New- 
York, adverse to an act regulating the weighing of 
merchandize in that city. 

TO THE LBGISLATUBE OF THE STATS OF NEW- 
YORK. 

The memorial of the chamber of commerce of the city of New- 
York, 

Rbspectfully Shbwbth: 

« 

That your memoriaiists have lately heard with lurprise that an 
act is now before your honorable bodies, entitled " An ad regu- 
lating the weighing of merchandize in the city of New- York/' 
which, if passed, will entirely supersede the present mode of 
weighing, and take the appointment of public weighers from the 
common council o^ this city, in whose hands it has so long re- 
mained. 

They have also just seen the report made by the special com- 
mittee of the Senate in favor of the passage of the proposed law, 
which contains statements relfitive to alleged ablises of the pre- 
sent system of weighing which are entirely new to your memori- 
alists, and they therefore take the litierty of respectfully replying 
to some of them. 

[Senate, No. 65.] 1 



2 [Senai . 

In the first place they will remark^ that they now learn for the 
first time, that a petition in favor of the proposed law was signed 
by "merchants, traders and others of the city of New-York/'' 
No poblic notice was given of sueh a petition being in existence 
before it left the city. No public meeting was called of those in^ 
terested in the snbject, as is usoal in other cases of supposed grie- 
vances; and yonr memorialists would have remained ignorant of 
the fact but for the recent proceedings in the Legislature at Al- 
bany. 

There are serious charges made against the nierchants.and tra- 
ders of New- York, in this report, which should be carefully exa- 
mined into before they recf ite the saoetion of your honorable bo- 
dies. 

H if itated that the seAers ef aierchandke are in the prtictice 
of improperly interfering with the impartial discharge of the du- 
ties of the present weigh-masters, by refusing to find them busi- 
ness unless they ^ill act in favor of their employers, by allowing 
more than legal weight: That bargains are nrtade with them ta 
pay only a part of their legal fees, whilst the balance is retained 
by the sellers, who charge the full amount of fees to those wha 
have consigned them goods for sale: That serious losses from short 
weight have become very frequent latterly, and it is impUed that 
these mistakes are not the result of accident* 

Your memorialists have no knowledge of the existence of those 
abuses, and they need scarcely assnrjp your honorabfe bodies, that 
they wouM condemn them as fully as those who seek for an alterar 
tipQ in tb# law. 

The merchants and traders in New-Yort are buyers of mer- 
chandize as well as sellers, and of course equally interested io 
seeing justice done to both parties. 

If the grievances mentioned really exist, they can be very eaai- 
]y and promptly remedied under the present law; the person ag>* 
grieved in any particular case, or any one who becomes aquaint- 
ed with improper conduct on the part of a weigh-master, has only 
to make a complaint to the common council^ and the delinqocnt 
will be speedily removed. 



No. 65.1 3 

Your memorialists think that this would be the most effectual 
and speedy method of obtaining justioe, as the parties and their 
judges are all on the spot; facts can be ascertained immediate- 
ly, and acted upon at once, and punishment instantly follow the 
crime. 

In all rases where such serious charges are made against so 
large a body of citizens as the merchants, traders and weigh-mas* 
ters of this city, common justice would seem to require that the 
accused parties should be beard in their defence, and that at least 
they should not be condemned on ex parte statements which may 
have been made by interested persons. 

About seventeen years ago the common council altered the 
then existing law, by appointing a weigher-general and depu* 
ties^ but it. was found to give such general dissatisfaction, and to 
create so much confusioo, it was speedily repealed, and ever 
since the present regulations have been found to answer well. 



If any new alterations were required, they would long since 
have been asked for by those vtho felt themselves aggrieved, and 
it seems scarcely possible that such flagrant breaches of duty 
on the part of the weigh*mastefs could have occurred without 
having been made the subject of open complaint and legal inqui- 
ry. 

The common cooncil will ondoobtedly, whenever called upon, 
give instant attention to any complaints of malpractices, and 
their regard for the character of the merchants and traders of 
the city would induce them to dismiss from office any weigh- 
master who could so far forget his oath as to act partially in any 



By the new law it is proposed to appoint one weigher-general 
and not more than thirty weighers, who are to attend to the weigh- 
ing of merchandise in this city. The weigher-general is to keep 
an o0ee for the reception of orders from the owners or agents 
of nnef^andize, and he is to send one of his deputies to attend 
to each call; and in case there is more business on hand than 
those thirty weighers can attend to, the weigher-general is to 
appoint additional weighers, whose office is to cease when the 
particular duties for which he appointed them, are performed. 



4 [9bnatjb 

« 

Your memorialists would respectfully ask, whether it will be 
possible for the weighers, If so appointed, to do justice to the 
magnitude of their duties 1 In what part of this greatly extend- 
ed city can the weigher-general keep an office to which it will be 
convenient for those to send applications, who are under the ne- 
cessity of making an immediate delivery of their merchandize T 

It frequently happens that the sate of an article de[)ends upon 
the quickness with which it can be delivered. How then can it 
t>e just or proper to require the owner or the purchaser of mer* 
chandize, for whose benefit the law is professedly made, to wait 
the convenience of one of the thirty weighers who may be en- 
gaged on duty in different parts of the city, or to* call upon 
the weigher-rgeneral for the immediate appointment of a special 
weigher, to enable them to consummate a bargain? 

Agreeably to the present Ifiw, the weiphers have particular 
pinces whero they ore to be found, and it rarely happens that 
more time is lost than is necessary to send for one or other of 
them. 

The merchants can select such weighers as are found to be so- 
ber, attentive and correct in their returns, without being obliged 
to take men in whom they have no confidence. 

The common council, whose duty it is to superintend the 
general interests of the city, can at all times appoint proper 
men as weigh-masters, and remove such as are found to be ineffi- 
cient. 

Whenever any alterations shall be found necessary in the pre- 
sent laws, they will doubtless be niade upon the representation of 
those whose interests are most deeply afiected; but until that time 
comes, your memorialists respectfully requrst on behalf of the 
^merehants and traders of this city, that your honorable bodies 
will not pass the law at present under discussion. 

By order of the chamber of oommerce. 

ROB. LENOX, 
^ Pre$idemL 

Jacob Harvbt^ Secretary, 

Mho-Yorkj March 5| 1835. 



STATE OP NEW-YORK. 



» f 



1 • 



No. 66. 



IN SENATE, 



March 7, 1835. 



REHORT 

Of the Superintendent of Common Schools, on the 
education of the deaf and dumb. 



?5. 



STATE OP NEW-YORK, 

Sxcbbta^t's OyFICB« . 

• ' :■ • ■ ' :• 

Albany, 7th Jffarch, 1886. 

JO THE LEGISLATURE. 

^7 the provisions of title third of ciiapter fifteeoth of part first 

' * '\ ^ ' ' ' ' 

of the Revised Statutes^ it is the duty of the Superintendent oi 

Gomroon Schools, as visiter of the incorporated ioslitutions for the 

instruction of the de^f and dumb, 

'^ 1. To inquire from time to time into the expenditures of each 
institution, and the systems of instruction pursues! therein, respect 
tively: 

'* 2. To visit and inspect the schools belonging thereto, and the 
lodgings and accommodations of the pupils: 

*^ 3. To ascertain, by a comparison with other similar institu- 
tions, whether any improvements in instruction and discipline can 
be made; and for that purpose to appoint, from time to time, suita- 
ble persons to visit the schools: 

*' 4. To suggest to the directors of such institutions, and to the 
]Legislature, such improvements as he shall judge expedient. 

^*&. To make an annual report to the Legislature on all the 
matters before eniiaierated, and particularly af fo the condition of 

[Senate, No. 66.] 1 



2 [Srnatb 

the- schools, the improvemeDt of the pupils, and their treatment lu 
respect to board and lodging.'' 

By various acts now in force provision is made for the educa- 
tion of one hundred and twenty deaf and dumb pupils at the pub- 
lic expense. The sum annually expended for the purpose is four- 
teen thousand four hundred dollars. 

The number of pupils authorized to be instructed in the New- 
York institution, at the expense of the State, is ninety-aix. The 
annual allowance for board and tuition is one hundred and thirty 
dollars each, amounting to twelve thousand four bundled and 
eighty dollars. 

Id, addition to this provision the sum of five thousand jclollars per 
annum was appropri^ated for the benefit o( the New- York institu- 
tion, by the act of 3d April, 1834, for the term of five years. 

The number of pupils authorized to be instructed at the expense 
of the State, in the Central Asylum at Canajoharie, is twenty- 
four; and the annual allowance for board and tuition is eighty dol- 
lars each, amounting to one thousand nine hundred and twenty 
dollars. 

On the 81st Dee. 1834, there were ninety-four pupils receiving 
Instruction at the expense of the State, in the New- York institu- 
tion. At the commencement of the term on the 1st of October 
there were ninety-six, the whole number of State pupils authorized 
by law to be received at that institution; but two of them died be- 
fore the end of the year. These vacancies were filled on the Ist 
of Febiuary ult, so that the list of State pupils is again complete. 

At the Central Asylum there were on the 31st December, 1834, 
twenty-four State pupils, the whole number ai^thorized by law to 
be educated at the public expense. 

The whole number of pupils at the New- York institution, on 
the 31st December, 1834, was one hundred and thirty^sis;; and 
the whole number at the Central Asylum thirty-one; making an 
aggregate of one hundred and sixtyrseven deaf mu^es actualjy re- 
ceiving instruction on that day, at the two institutions. 

The Superintendent is again under the necessity of expressing 
his regret that he has encountered great difficulty in filling the va- 



No. 66.] 3 

cancies, which have occurred during the last year in the list of 
State pupils. Although the overseers of the poor ^re required, by 
the act of 23d April, 1882, to furnish to the Superintendent of 
Common Schools a list of the indigent deaf and dumb in their re- 
spective towns; and although a circular letter was addressed in 
1833, at stated in last year's report, to the overseers of all the 
towns in the State, many of them have failed to comply with the 
law. It is possible thai, in many of the towns from which no list 
has been furnished, there are no deaf and dumb persons at this 
time, although thefe were one or more in one hundred and seventy 
of those towns in the year 1830, according to the census taken iq 
that year, under ihe authority of the general government The 
enumeration of inhabitants to be made under the authority of the 
State, durii^ the present year, will show the whole number of 
deaf and dunib persons, and the towns in which they reside, and 
will thus furnish the means of reaching them with greater cer- 
tainty. 

A difficulty has also been experienced in some casesj in prevail- 
ing on the parents of the deaf mutes selected as State pupils to 
part with Them. Of the first eleven selected during the last yeAf, 
five declined, and it became necessary to make other selections at 
a subsequent day to fill the vacancies. In some cases pupils are 
withheld because the parents are too poor or too sordid to dispense 
with their labors at home. It is gratifying to add, however, that the 
public bounty is rarely rejected on the latter ground. The cause 
is more frequently to be found in a total want of information as 
to the condition of the institution; To obviate this objection, 
pains will be taken hereafter, whenever a selection is made, to make 
the parents of the mute acquainted with the manner in which the 
pupils are provided for, both in regard to their comforts as well as 
their moral and intellectual improvement, and to communicate to 
them such intelligence on every matter of interest connected with 
• the institution, as will be likely to influence their decision. 

Annexed to this report will be found a list, marked A, of the 
State pupils selected by the Superintendent during the year 1834, 
for the New-York Institution and for the Central Asylum. 

THE NEW-YORK INSTITUTION. 
This institution is situate on New- York island, about three and 
half miles from the City-Hall, between the fourth anci fifth ave- 



4 [SsifATB 

nues. The position is elevated and airy, and probably att health* 
tu\ aa any other on the island. 

The Superintendent' visited the institution in October last, ana 
found it in a condition, in all respects, creditable to those who are 
entrusted vriih its management. During the past season a third 
story has been added to the main building and divided inio two 
large apartments, in which the pupils are now lodged. 

The full report made by the Superintendent the last year, in re- 
spect to the economy with which the institution is managed, the 
Order and discipline to which the pupils are subjected, the parental 
kindness with which they are treated, and the liberal provisions 
made for all their wants, renders it unnecessary to enter into any 
detail on these points. He will merely say that the institution 
contipues to be condncted'in all respects, in the santie unexception- 
able manlier. 

in the course of instruction, no material change has taken place 
since the last report. The institution has sustained a loss in Mr. 
Vaysse, a French gentleman, who has for. several years been coa- 
nectedp with the institution, as a tutor, and Who returned to his na- 
tive country last summer. It is gratifying to add, however, that 
his place i^ vrell filled. In the libility Of the instructors the insti- 
tution is highly favored: under their direction the progress of the 
pupils in the acquisition of useful knowledge is rapid and instruction 
thorough. The course of education has been much improved by 
bringing it to the test of philosophical investigations. The aim of 
the instructors in these investigations has been to ascertain the 
moral and intelloctucd condition of those, who are intrusted to their 
care previously to all instruction, and by combining with the fruits 
of their own observation, a critical comprehension of the methods 
of teaching, devised by the most distinguished instructors of the 
deaf and dumb, to furnish their pupils, in the shortest practicable pe- 
riod, with the most simple and efficient instrument of intercourse 
with the world, and of supplying, as far as possible, the place of 
that source of information from which they are cut off forever. 
The great end of their labors is to enable the pupil to commnni- 
cate with facility with those among whom he is destined to move] 
and for this purpose the whole course of instruction, thus far, has 
been dii'ected to the acquisition of written language. Sign lan- 
guage is io far employed as to teach the meaning of words and 



No. 66.] 5 

the ideas which they represent, but beyond this it is not deemed de- 
sirable tb continue it. Written language being the only medium 
through which the deaf and dumb can communicate with the 
worlds it is considered important to employ it in all their exercises 
that they may be familiarly acquainted with its use. 

It was the intention of the Superintendent to have referred more 
in detail to the course of instruction adopted in this institution; 
but the iull i'eport of the directors on this subject, presented a few 
days since to thb Legislature^ has rendered its execution unneces- 
sary. 

Among the improvements which have been made ih the institu- 
tion during the last year, the following are particularly worthy of 
remark: 

1. The enlargement of the main building already referred jto, by 
the erection of an additional story, and the more convenient ar- 
rangement of the rooms with a view to the various wants of the 
establishment. 

2. The construction of a work-shop fifty-five feet by twenty- 
five and two stories high, out of materials composing the old roof 
of the main building. 

8. The increased facilities in the mechanical department have 

led to corresponding improvement in the skill, workmanship and 
industry of ibe pupils engaged in the acquisition of trades. 

4. There has been a small increHsts in the number of pupils, in- 
dicating in this respect, the flourishing condition of the institution. 

5. The lectures and oihei' improvements in the intellectual de- 
partment, noticed in the last report, have been continued, and with 
gratifying success. 

CENTRAL ASYLtJit AT CANAJOHARIE. 
This institution is situate about midway between the Erie canal 
tod the great western turnpike, and is about seven miles from 
eachl The surroiinciin^ country is productive and healthy, and in 
respect to salubrity of situation or economy of expenditure the 
position (>f the institution could not well be improved. These, 
however, are the only advantages connected with it, and they are 
combined with many inconveniences. The neighborhood is thinly 
inhabited; wd, in 4 purely agricultural district^ the objects which 



6 [SSNATB 

address themselves to the sight are much fewer than in cities and 
large towns, where the division of labor is minute, and the various 
operations of productive industry present a multiplicity of subjects 
for investigation. When it is considered that the instruction of 
deaf mutes is conducted wholly through the medium of the sight, 
the importance of augmenting, to the greatest possible extent, the 
nlimber and variety of visible objects will be readily comprehend- 
ed. Nor is the position of the institution so easy of access as is 
desirable. It is on a road but little travelled, and which furnishes 
only twice a week the opportunity of reaching it by a public con- 
veyance. The inconvenience, though not very serious, is some- 
times a source of expense and trouble. 

The act of April 18, 1831, under which the expenses of the 
State pupils instructed at the institution are defrayed out of the 
public treasury will expire, by its own limitation, on the Ist day 
of May, 1836; and it will soon devolve on the Legislature to de- 
termine whether the pupils shall be transferred to the New- York 
institution, or whether the act referred to shall be continued in 
force. If the State patronage should be withdrawn, the institution 
could not be maintained, ad the whole number of pupils educated 
at the expense of their parents or friends docs not average more 
than eight or ten, and the sum annually contributed by the State 
is its principal source of income. 

To the discontinuance of this institution there is but one objec- 
tion. It sometimes hdppens that the parents or ftiends of deaf 
mutes are unwilling to send them to the New- York institution, and 
in a few instances they have absolutely declined to do so. But 
these cases are rare, and if there was but one institution, their ob- 
jection might not bo insuperable. 

It has been suggested that the institution might be removed to 
some place further west on the line of the canal, and it was un- 
derstood at one time, that the inhabitants of the city of Utica 
were willing to provide a suitable lot and building if it could be 
established in their immediate vicinity. But any step which might 
lead to a further division of the patronage of the State between this 
institution and the one in the neighborhood of the city of New- 
York is greatly to be deprecated* Such a division would impair 
the present flourishing condition oi the latter without raising the 
other to the same standard. One institution will be manifestly 
adequate to all the wants 6f the State for years to come; and it is 



Na 66.J 1 

of the ul:nost importance tnat the public contributions to the sup- 
port of the New- York institution should not be diminished. It is 
DOW ID admirable condition, and its usefulness would be abridged 
by any reduction of its means. It might have been better in some 
respects if it had been established in a more central position; but 
the State has already expended on it large sums of money; and it 
is extremely doubtful now whether its removal would be either 
expedient or just* The city. has contributed liberally to its 
establishment, and regularly provides for the support of eleven 
deaf mutes. 

The advantage of having a large number of deaf and dumb per- 
sons in contact has been a matter of frequeqt observation. Every 
deaf mute without education employs, in his communications with 
others, a sign language of his own creation, and among those with 
whom he is in frequent contact many of his signs will be purely 
arbitrary. In his communications with strangers his signs must be 
natural and bear some analogy to the object represented, or they 
will not be understood. When two deaf and dumb persons, wholly 
uninstructed, are brought together, such of their signs as are inere- 
• ly conventional will be found to possess little in common. But af- 
ter a very short intercourse each becomes familiar with the signs 
used by the other, and thus a more extended nomenclature, if it 
may be so termed, embracing a more extensive circle of ideas, be- 
comes common to both. In proportion as the number of pupils is 
augmented the means of mutual improvement are multiplied, not 
only in the manner referred to, but from the greater stimulus to 
exertion, which is found in a wider and more varied field of inter- 
course. 

The income of the Oentral Asylum is about 92,500, of which the 
State pays 91,920. Of its income 9700 is paid for salaries, 9400 
to the principal and ^$800 to an assistant, and $150 for rent for the 
boarding-house in which the pupils are lodged and fed, and for the 
use of six acres of land. The residue of the income is absorbed 
by the current expenses of the establishment. 

The property of the institution consists of a brick building of 
two stories, in which the pupils are instructed; a wood-house and 
four acres of Und. The whole value of the property does not ex- 
ceed si9 or seven huj^clr^d dollars, and the institution is 9250 in 
4ebt 



8 [Sbnatb 

• 

The only trades taught for the benefit of the pupils, are shoe- 
making and printing, both of which are carried on in the basement 
of the brick building. There i^ a very good printing press under 
the direction of Mr. Backus, a deaf mute, who has received an ex- 
cellent education, and who as/sists the principal ip the instruction 
of the pupils. 

The females are taught knitting, sewing and house work. They 
mend their own clothes and those <of the boys, and make garments 
after they are cut out. F*or the hopse work they are divided into 
classes and perform it in rotation. 

In addition to the trades in which the boys are instructed, they 
are practised in gardening. They raise all the vegtables for the 
use of the establishment during the year, and the grain necessary 
for fattening all the pork required for their annual consumption. 

* 

Medical attendance is paid by the institution. For the year 
1833, the whole bill for i^ttendance and medicines was but 914. 

The house in which the pupils are lodged and subsisted, is at a 
considerable distance from the building in which Chey are instruct- 
ed. This arrangement is exceedingly inconvenient at itU times, 
and in bad weather endangers the health of the pupils. Should 
the institution be maintained, it is indispensable that a dwelling- 
house should be built, adjoining the one in which the classes are 
taught 

The proficiency of the pupils is as great as could be expected 
with the present means of the institution. The course of instruc- 
tion is of five years duration, and the pupilf must necessarily be 
divided into as many classes. To teach them there are but two 
instructors, one of whom is a dei^f mute. This arrangement if 
certainly not favorable to the introduction of improyp4 niethods of 
teaching frbni abroad, or to those which experience may suggest 
at the institution. The principal deserves great credit for the 
economy, order and good judgnient which he haf carried into 
every department of the establishment, and he has accomplished 
all that could be efiLxied with the means at his command. If it is 
maintained, it could not be in better hands. But it cannot be de* 
nied, that in an institution like that in the city oi New- York, with 
larger endowments, more numerous instructors brought into daily 
contact, and profiting mutually by the fruits of their united obser* 






No. 66.] 9 

vationsy the pupils must make more rapid progress and be advanced 
to a higher grade of improvement 

Under all the cirMfli«taiioes» therefore, it is beltevied that th^ i»« 
stitotiott had better be diseontiBaed. But should the legislature 
prefer continuing at, it would be advisable that it should remain 
where it now \$. 

It would be a subject of deep regret, under any cireuniBtaBoes^ 
if any measure should receive the sanction of the Legislature, 
which would impair the high standing of the New^York Institu* 
tion: for if the present contributions to the support of both the ti> 
isting establishments were to be equally divided betwefen them> 
neither would possess the means of maintaining such a thorough 
coarse of ioatrticiion, as is necessary to raise the unfortunate class 
of persens confided to them, to that grade of moral and intellectual 
improvement, which may be attained under eircumstances favoriei* 
ble to the development and cultivation of their faculties. The in* 
terest of the class referred to, clearly indicates that one institution 
only should be maintained. 

P^wer of Supervisors of Counties to profride for the Edwcation of 

Dec/ and Dumb Children. 

In the last annual report of the Superintendent in relation to the 
Deaf and Dumb Institutions, he referred to a provision of the act 
of April 16, 1822, Laws of 1$22, chapter 234, by virtue of which the 
supervisors of counties were authorized to send to the New*-York 
Institution, to be educated therein at the expense of the counties, 
any indigent deaf and dumb person remaining in the counties after 
completing the list of State pupils for the senate district, of which 
the counties were apart. This provision is still in force, but with 
the exception of the counties of New- York and Montgomery, it 
has until recently, been wholly inoperative from the failure of the 
supervisors to exercise the power referred to; in consequence of 
which, there are now to be found in the poor-houses of wealthy 
counties deaf and dumb children, who are fit subjects for instruc* 
tion, but who are likely to be debarred forever the benefits of moral 
or intellectual cultivation. It is due to the board of supervisors of 
Dutchess county to state, that an application was made in Decem- 
ber, 1888. to the Superintendent of Common Schools by the super- 
intendents of the poor of that county, to place at the New- York 
Institution, as a State pupil, an interesting deaf and dumb girl, who 

[Senate, No. 86.] 2 



10 [Sbnatb 

was at that time supported at the county poor-house. At his sug- 
gestion, the case was brought before the board of supervisors it 
their next meeting, and she was promptly sent to the New-York 
Institution, to be educated there at the expense of that county. 

In last year's report, it was recommended by the Superin- 
tendent, that the exercise of the power referred to, instead of 
remaining discretionary, should by an act of the Legislature, be 
made imperatiTe on the board of supervisors, whenever a proper 
application to them should be presented. Believing that such an 
act would bo productive of great good, he begs leave again to ctll 
the attention of the Legislature to the subject 

JOHN A. DIX, 
S%p*L of Chmmen SkkcoU. 



DOCUMENT. 



(A.) 



State pupils selected for the New- York iDStitution during the 
year 1884: 

Jacob Lagrange, New Scotland, Albany co. 

Mary Dryer, Oak Hill, Greene co. 

Joanna Perrigo, Greenwich, Washington co. 

Sophia Main, Norwich, .••••.••• Chenango co. 

Lvraan Husted, Manlius, Onondaga co. 

Phebe Osbom, Castile, Genesee co. 

John W. Oliphant, Lockport^ Niagara co. 

State pupils selected for the Central Asylum during the year 
year 1834: 

• 

Henry B. Crandall, « . • • Watervliet, Albany co. 

Dinah Tuttle, ••••••••• Geneva, Ontario co. 

liry Waste, • • • Greenfield, Saratoga co. 

De Witt B. Holden, • • • • Livonia, .^ ^ .•••••• Livingston co. 



STATE OF NEW-YORK. 



No. 67. 



IN SENATE, 



llArch 13^ 1835. 



utmmameim^smsam 



RSaPORT 

Of die Comptroller* relative to prinAing for tlie Legts-' 
lature in 1881, 1882» 1888 and 1884 

COMPTROLLER'S OFFICE, I 
JMbin^ March 1§, 1884k ) 

Tlie Complroner, in obedjenoe to a resolotioii of tho Sonato, rc* 
qoiriog a tlatement of Um rami paid for prutting for tba L^g;icla^ 
tare, for 1881^ 1889, 1888, 1884, and indnding tlie expaote of 
printing for the present tetiton, 

RnaFBCTPCLLY BsrpaTa: 

That a sUtement has been preparedi and it annexed^ Ihmiahtng 
the information required by the retolation^ for the four yean end* 
iDg on the 80th of September, 1884. 

The Comptroller has not the means of answering that part of 
the resolution which requires the expense incurred for legislative 
printing during the present session^ It is estimated that the eac» 
penae of printing for the Assembly to the present timoi exceeds the 
expense for the corresponding period of last year's session, by 
about 86 per cent; and that the cost of printing for the Senate, is 
about equal to the corresponding period in 1884^ Up to the SSth 
of February^ the Documents ordered to be printed by the SenatOi 
would make about 170 pages more than the Documents ordered 
by that body for the same time in 1884. The AssemUy Docu« 
ments, up to the same time, make 18 pages less than the Docu- 

[Senate No. 67.] 1 



i [Sbnatk 

menti ordered for the seme period in ISM. The miihiplication of 
oopiet of Pocomeots hat been the eauie of increawDg the expense, 
Mid not m increase of th^ number of pages in tiie Dociunents pub^ 
Kfthed. 

The expense of printing biHs for the two Baiises has been con- 
siderably increased foF 1934^ and wiH probably be still greater for 
1885. This increase has been occasioned principally, by changing: 
the modie of 4>rvitiog bOis,. from the ordinary paper,, to foolscap pa> 
per, with spaces between the lines^ This mode of doing the work 
is not authorized by the original agreemeni with the State Printer,, 
made under the resolution of 1829, but is required by a resolutioD 
of the Senate in 1684,. and subseiiueAtly, by a resolution of tba 
House. 

UMpwtfuRy rabnhtedt 

A.C.t'LAGGL 



^o. 67.] 



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STATE OP NEW-YORK. 



No: 68. 



IN SENATE, 



March 10, 1 




REPORT 

♦ 

Of the conmdttee on State Praons, rektive to • jpri« 

son tor female connettf. 

Mr, Naedonaldy from the oooiniitlee on State Pkisont, 

REPORTED: 

That DO adequate pravitioii Kas yet been made by law for the 
coafiiiemeat aad iditeipiUie of the feinale convicts leiileBoed to the 
Stale Mkms of this State* 

The number of this class of convicts in the whole State at this 
time amounts to forty-six. Of these twenty-seven are confined in 
the Auburn prison, who are subjected to a more wholsome disci* 
|rfme, and are la a more improved condition than they fimnerly 
were: But for want of room in their present location, they are 
necessarily permitted to associate together, much to the prejudice 
of the discipline of the prison. 

»• 
The residue of the female convicts (19 in number,) are confined 

in the city of New- York, at an annual expense of one hundred 

dollars each for their support, which is paid from the earnings of 

the Sing-Sing prison. These convicts have constant and uare- 

straaned intercootse one with another, without the least eibrt b»- 

ia^ mide to restrain or reclaim them. In both eases net only are 

aH hopet of reformation cut off, but what is vastfy worie, the 

youthful and sepentaat, if s»eh there be, mingling with the- dU aad 

harAined Mbnder, mu^t faievitably learn and be eonfiraMd in the 

ways of inlqiilty. 

[Senate, No. 6 8. J 1 



9 fScvAnr 



There aumot 6e a dbobt, thetefore, that the eooditioB of ii^ndm 
cwvricte may be Tery mocb improTed; and the ing^ eharaeter 
which our praoa diBcipRor has justly attained as if respecti mare 
eonviets, eeema to repiMch u» for ow total a^kecl of thoee now 
voder coneideraftibn* 

It has been thought that a separate estaWshinent, reaiote froov 
'fhe other prisons, would be the most beneficial for Ike purpose of 
feclaiiniag this eless of eoiiyiets, as well as for the interest of tha 
State: And stfch has been onifornily fecoounended for seTersI 
years past, boik in the annual messages of the Baecutiver and by 
the successive committees of the Legisbture to wUch diis subject 
has been conMnitledr 

On the first of January, I83Sr, the femsle coBTicts in our State 
Prisons bad h^rtased to about eigk«y^ The pmjsct of a s e p a ra te 
prison had been submitted to the Legislatare several years pre- 
vious to that time; and it was then again recommended and urged 
by the Biecotive and a committee of the Senate. Besidea the 
other arguments in favor of this measure, the rapid increase of 
these convicts seemed to call for its adoption; Contrary, however, 
to the apprehension at that period eaterlained, the number of fe* 
male convicts haa gradually becooie less^ and is al the p reaao l 
time greatly diminished. On the first of January, lM9t there 
were but sixty-one in confinement, and these have been since re- 
duced, in January, 1634, to fifty-five; and now, in January last, 
to forty-six. 



From this ankx»ked for and very considerable dimtaatiea ia the 
aoDiber of this dan of convicts^ it may be doubled whether it 
would be expedient at this time to hazard the expense, as well as 
success of a separate prison. So evident a repugnance to tkepn^ 
position has heretofore been manifested by the Senate, from the 
apprehension of expensiveness without a corresponding benefit, 

that it will not again be recommended. 

« 

It wiil be seen in the very able report of the Commissioiiers 
•who have lately investigated the subjects connected with our Stale 
Prison system^ that they recommend the ereetion oi buildings 
near the axistkig State Prisons, for the females who may be sesb- 
leaced to such punishment in the respeotive prison districts. The 
Inspectors of the Mottnt*Pleasani Slate Prison make the same le- 
commendation, so far as it relates to tkai prison; aad add, that Ike 



No. 68.] S 

funds of the prison will, in all probabiiityi be quite suflkient to 
meet the required expenditure. The Inspectors of the Auburn 
prison also make substantially the ssme recommendation, by re- 
ferring to the letter of the agent contained in their last report: 
And from a conversation had with the agent of the latter prison, 
there can be no doubt that its surplus income will be sufficient to 
cover the expense of the proposed building. If the project of a 
separate prison shall be given up, as the committee now advise, 
they agree in recommending the erection of buildings at each of 
the State Prisons for the confinement of all females sentenced to 
such punishment in the respective prison districts. The transpor- 
tation of these convicts to prison, and their return when discharg- 
ed, to the places of their residence, will be much less expensive 
and difficult, as the prison districts are now arranged, than the lo- 
cation of either .prison would afford for the convicts of the whole 
State. It is probable, also, that they can be more conveniently 
and usefully employed if <livided between the prisons as at present 
arranged, than if the whole were confined at either of them. 

It should be added, that the corporation of the city of New- 
York, are understood to be desirous to get rid of keeping those 
female State convicts now under their charge; and indeed they 
have it in their power at any time to annul the agreement by 
which these convicts are kept. Hence the urgency of legal pro- 
vision in relation to those now spoken of; for if dismissed from 
their present place of confinement, they would be without a legal 
local habitation: But indeed, as it will not be necessary to erect 
expensive buildings, and as the funds of the respective prisons will 
be adequate* to the objects proposed, without requiring any m>pro- 
priation from the State treasury, the committee hope that the plan 
now suggested will meet the views of the Legislature, and be 
finally adopted. 

This committee, therefore, recommend that a law be passed to 
aotborUe the erection of prison buildings near to or adjoining the 
existing State Prisons, for the confinement of the female convicts 
or the respective prison districts: And for this purpose they ask 
leave to introduce a bill* 



STATE OF NEW-YORK. 



No. 69. 



IN SENATE, 



March 14, 18S5. 



REPORT 

Of ibe Commissioners of tfae Land^Offiifte mi the peti« 
tioA of David S« Jones and Gerrit 



The Commissioners of the LtndOfBce, to wiiom wis referred 
by the Senate, the petition of David S. Jones and <lrerrit Smitls 
respectfully submit the following 

REPORT^ 

By the (btirih section of the act, chap. W6 of the Laws of 18M, 
the Commissioners of the Land-Office were directed to cause 
certain lands in the village of East Oswego to be surveyed, ap^ 
praised, and granted to the trustees of the village of Oswego) the 
grant to be made at the appraised valu^ of the land. The land 
was surveyed^ and is bounded on the east by Fourth-street, on the 
sooth side by Aries-street, on the west by the river or Lake Om^ 
tario, and extends so far north as to include all that part of the 
cove lying north of Aries-street, and contains seven acres and 
twenty-six rods of land. It was appraised at 91,000^ which has 
been paid, and the trustees of the village, or their assigns, are enti«> 
tied to a grant pursuant to the statute. 

The president and trustees of the village, in their petition which 
accompanies the papers, represent that the cove on the east side 
of the Oswego river had become a dangerous nuisance, occasion* 
ing the sickness of the inhabitants in its neighborhood ; and that 
the corporation of the village applied for a grant of land including 
the cove, for the avowed purpose of enabling them to abate the 

(Senate No. «9.] 1 



ST [Senate 

naisance. It appears that a part of the cove was situate in Ayie» 
and First-streets, which were not included in the survej and cer- 
tificate of sale by the Commissioners of the LandOffice. The cor- 
poration represent that they nevertheless supposed, from the word» 
of the statute, that Chey had foil power and right to perfonn the 
worky wherever needful ^ to attain the great public object of the 
grant — 'the abatement of said nuisancef and that tbia eould not 
be effected without a large expenditure of money. 

The corporation in the first instance, leased the premises to the 
petitioner, GerritSmiUir for the term of d90 years, and took his 
obligation for the abatement of the nuisance; and subsequently, 
they sold the property and transferred the certificate to the peti- 
tioners, Messrs. Jones and Smith. The corporation now repre- 
sent that the petitionors have, ^* at vast expense, abated the n^> 
sance aforesaid, in a manner highly approved by the corporation, 
by removing the filth collected in the cove, and by excavating a 
bo«in fitted with all needful wharfage, and a sloop lock, which not 
only secures the original objects of the grant, but imparts greM 
value to all the grounds in the vicinity, as well those still balong- 
ing to the State, as those heretofore sold to individuals, and fur- 
nishes great advantages to all concerned in the navigation of the 
lake; that the said Jones and Smith have laid out a street SSfeet in 
width around their said basin, and 59 feet therefrom, called ** Ba- 
sin-street," and have also laid out a street of like width, and ex- 
tending from Basin-street aforesaid, to the termination of the wharf 
along the Oswego river at a point near the north line'of A^ies- 
street continued. The use of these streets will be important to our 
citizens and the publio, and they contain an area nearly or quite as 
large as that portion of Aries-street lying west of Second-street.'' 
^* To the end that said Jones and Smith, and all other persons boldr 
ing under them, may feel more secure in the title to their pur- 
chases, and more encouraged to make valuable improvements 
thereon,'' the corporation pray that the patent may include parts 
of Aries and First-streets, provided certain covenants shall be in- 
serted in the patent in relation to the public use of the improve- 
ments made by the petitioncn;. 

The corporation say that the portion of Aries-street which they 
wish to have granted, ^' may never, and perhaps can never, be 
practicably a part of Aries-street, because at the iatersectioo of 
Second-street with this, there is a precipitous bank of not leas than 



No. 69.] 3 

34 feet in height, extending northwardly with increasing height to 
the lake." 

The Commissioners of the Land-Office have carefully examined 
the maps of the village and puUic property at Oswego, and the 
diagram and descriptions of the works of the petitioners, and are 
of opinion thai a part of Aries and First^streets may be included 
in the grant to the petitioners, without any prejudice to the public 
interests; and this course is not only approved, but desired by the 
corporation of the village, who it may be presumed would not re- 
commend a measure prejudicial to tlie citizens of that place. The 
Commissioners would not however recommend a grant of any por- 
tion of Aries-street lying east of the petitioner's works, nor any 
portion of First-street lying south of these works. 

■ 

The petitioners applied for a grant before the commencement of 
the present session, when they were informed that the Commis- 
sioners of the Land-Office could only make ther grant according to 
the original survey and certificate of sale, and in the usual form of 
letters patent. This decision has no doubt ipduccd the present ap- 
plication to the Legislature. 

Should the Legislature deem it proper to grant the prayer of the 
petitioners, it will be found somewhat difficult to specify in the act 
to be passed for that purpose the particular location of the land, or 
the terms and conditions on which the grant should be made, so 
as to fulfil the wishes of the corporation of the village, as far as 
may be consistent with the public interests. Should the Legisla- 
ture be disposed to refer this question to the judgment of the Com- 
missioners, it would be sufficient to enact, that '* the Commission- 
ers of the Land-Office shall include in the patent to be issued in 
pursuance of the fourth seation of the act entitled, ^ An act in re- 
lation to certain public lands in the village of Oswego,' passed 
March 31, 1830, so much of Aries and First-streets in said village 
as ihey may deem proper, and shall also insert in said patent such 
covenants on the part of the grantees as the public interests may 
require; which covenants shall run with and bind the lands grant- 
ed, into whosoever hands the same may come." . 

Should an act of this description be passed, the papers which 
are herewith returned to the Legislature, ought to be filed in the 



4 [Senate 

office of the Secretary of State, among the other papers relating 
to the public lands. 

Respectfully submitted. 

GREENE C. BRONSON, .AtfyGaMsW. 
A. C. FLAGG, Com^rolkr. 
JOHN A. DIX, Secretary of 8taU. 
WILUAM CAMPBELL, Survefer-Gem, 

Attiany, Merck 18, 1896. 



STATE OP NEW- YORK. 



No. 70. 



m SENATE, 

February 27, 1835. 



ANNUAL REPORT 
Of the Regents of the Univenity* 

JMbany^ FA. 36, 1881; 
Hod. Jobn Tkact, 

President of the Senate. 

Sir — I have the honor to transmit herewith the Annual Re* 
port of the Regents of the University, to the Legislature. 

I am, sir, respectfully, 

Tour obedient serv^t, 

& VAN RENSSELAER, 

CkmnceUor. 



[Senate, No. 70.] I 



ANNUAL REPORT 



REPORT, &c. 



TO THE LEGISLATURE OP THE STATE OP NEW- 
YORK. 

Th(e Regentii of tke Univenity, in discharging the duty re<iiiired 
of them by law, to make an annual report to the LegblaUure^ eflri* 
bracing a general view of the various matters contained in the re- 
turns made to them from the several colleges and academies in the 
State subject to their visitation, respectfully submit the foUov^ring 

REPORT: 

That, during their present stated sessioui the customary annual 
reports have been made to them from Columbia, Union, Hamilton, 
and Geneva colleges; from the College of Physicians and Surgeons 
of the Western District; from the Nev?-York Institution for the 
Deaf and Dumb, and from sixty-three of the sixty-eight incorporated 
academies in the State subject to their visitation. 

No report for the present year has as yet been received from 
the College of Physicians and Surgeons in the city of New- York, 
nor from the University in that city. 

« 

The academies from which returns vrere expected, but have not 
been received, are those of Greenville, in the county of Greene, 
Fort-Covington, in the county of Franklin, the Buiialo Literary 
and Scientific academy, the academy at Gaines, in the county of 
Orleans, and the Monroe academy, at Henrietta, in the county of 
Monroe. 

The report Drom Columbia college represents the whole number 
of students matriculated for the sub-graduate course of instruction 
in that college, during, its present term, to be 99; and the number 
in the grammar school, attached to the college, 260. Twenty-four 
graduates received the degree of Bachelor of Arts at the last an- 
nual commencement The report states that " no students havQ^ 
entered th^ literary and ycientific or vpluntary courses daring the 
present session." 



6 [Sbnatb 

It appears from the report of Union college, that its present fa- 
culty consists of a president and seven professors, an instructor of 
the French and Spanish languages, one tutor, and two fellows. 
The number of graduates admitted to the degree of Bachelor of 
Arts at its last annual commencement was 65, and the whole num- 
ber of students matriculated in the college for the present year is 
261. 

From the report of Hamilton college, it appears that its present 
faculty consists of a president, four professors and a tutor, and that 
the wfade number of students belonging to the college is 116, of 
whom &5 have entered during the present collegiate year. 

The trustees of the college represent that during the two last 
years they '^ caused a subscription to be circulated in many parts 
of the State, for the purpose of raising $50,000 as a permanent 
fund, the interest of which should be applied towards the pa]rment 
of the salaries of the officers of the college;" that their efforts to 
raise such a sum have finally been crowned with success, the sub- 
scription being filled up, and th^ amount subscribed having there* 
by become payable in four equal annual instalments. When the 
whole fund shall be collected and invested, the trustees represent 
that the income from it, together with the ordinary tuition money 
of the college, will be sufficient to pay the salaries of all their pre- 
sent officers. 

It appears from the report that " the property bequeathed to the 
institution by the late William H. Maynard, for the endowment of 
a law professorship, has not yet come into the hands of the trus- 
tees, and that no further steps have been taken towards the mp- 
pointment of an incumbent to fill that office.'' 

To show the great increase m the patronage and support of this 
institution during the last five years, the trustees state in their re- 
port that their receipts from tuition money, which in 1820 amount- 
ed to only #289.88, and in 1830 to |1,185«79, now amount to 
•3,812.91 for a single year. 

Geneva college has a president, four professors and two tutors. 
Its annual revenue, from the income of its permanent funds, and 
from its tuition money, is f 3,71 1 ; while the salaries of all its offi- 
cers amount at present to only 92,950. The whole number of stu- 
dents who received instruction in the college during the last year, 



No. 70.] 1 

was 58, but only 28 remained in the institution at the close of the 
year; the senior class having then only three, the junior five, 
and the sophomores and freshmen classes each ten. The gradu* 
ates at the last commencement were six. 

The trustees of the College of Physicians and Surgeons of the 
Western District represent that the whole number of students at- 
tending the last course of lectures delivered at the college was 
198, of whom 80 have received from the Regents the degree of 
Doctor of Medicine. It appears from the report of this college 
that the whole of its contingent expenses continue, as heretofore, 
to be defrayed by its professors out of their own private funds; and 
that, in addition to the liberal contributions before made by tliem 
for the enlargement and alteration of one of the college buildings, 
they have, during the last year, contributed the further sum of 
1800 for the construction of rooms in the college for the accom- 
modation of the library, cabinet of natural history, and anatomical 
museum. The professors still remain personally indebted in the 
sum of 92,000, the unpaid balance of the debt contracted by them 
in the erection of a building for the accommodation of the students 
of the college. 

The reports from the colleges subject to the visitation of the 
Regents, being deficient in substance, and very dissimilar and ir- 
regular in form, and the Regents being empowered by law to pre- 
scribe the form of such reports, '^ in relaHon to the $iaU and dispth 
fition of college property andfnnds^ the number and ages of scholars^ 
and ike system of instruction and discipline pursued in the several 
colleges^^^ they have, as well in pursuance of the power thus con- 
ferred on them by law, as by virtue of the authority claimed by 
them as visiters of the colleges founded Or incorporated by them, 
taken the necessary measures to prescribe the requirements and 
forms for all future collegiate reports; and they hope to be able 
hereafter to present in their own reports to the Legislature, more 
satisfactory views of the relative progress and condition of the se- 
veral colleges in the State subject to their visitation, than they 
have heretofore been enabled to do. 

The Regents having, during the last year, required from the se- 
veral academies in the State subject to their visitation, reports 
more comprehensive as to subject matter, and more in detail as to 
form, than had before been required by them, they are therefore 
enabled to present to the Legislature, in this, their annual report, 



8 [SSNATB 

a view of the relative progreas and condition of such academiei, 
much more comprehensive and particular than any ever before 
presented by them. The various schedules accompanying this re- 
port, numbered from 1 to 7 inclusive, will exhibit the view here 
referred to, which it is hoped will be as satisfactory to the Legis- 
lature, for whose information it is presented, as it is to the Re- 
gents, who present it. 

The first schedule above referred to, exhibits in the usual foraiy 
the number of students in the several academies from which re* 
turns have been received for the last year, together with the ap» 
portionment of their distributive shares of 912,000, part of the in- 
come of the Literature fund, required by law to be distributed 
among them. The apportionment being made among the eight 
. Senate districts of the State, in equal parts, and the shares allot- 
ted to each district being then subdivided among the several acade- 
mies entitled to participate in it, according to the relative propor- 
tions of their students in the classics and in the higher branches of 
English education; ahd the academies in the different districts be- 
ing unequal in number, and very unequal in respect to the data on 
which the distribution depends; the result is, that academies in 
different districts, with equal numbers of students, receive very leia- 
equal shares of the public money. In the 1st and 2d districts the 
ratio of apportionment is nearly $S for every scholar in each aca- 
demy, while in the 3d district it is a small fraction above 92; and 
in the 5th, a considerable fraction below that sum for each schdar. 
If the appcMTtionment should be made without reference to diil- 
tricts, the ratio for the whole State would, for the last year, hare 
been about $8.21 for each scholar. . 

The mode of apportionment producing such unequal results, was 
prescribed by the Legislature previous to 1830, and has ever since 
been pursued by the Regents. The grei|t inequality which waa 
observed in the first distribution ^lade under the new rule of that 
year, was expected to be gradually diminished every subsequent 
year, by the gradual increase of academies in the districts wh^^ 
but few had before been established- And although such expecta- 
tion may have been in part realized, yet the inequality resulting 
from the peculiar mode of distribution prescribed by law, is atill 
so great, that the Regents consider it a proper subject to be brongfat 
to the notice of the Legislature, with whom alone abides the pow- 
er of applying the corrective, if any be considered necessary. 



Wo. 70.] » 

Schedole No. 2 exhibits a view of the relative condition of the 
several academies, from which returns have been received for the 
last year, in respect to their permanent funds, their annual reve- 
nue from such funds and from tuition money, together with the 
amount of debt« doe from them, and the number and salaries of the 
teachers employed by them respectively. From the total results 
collected under these different heads in the schedule, may be seen 
how great is the amount of capital inve^ed for academies, in \o\s 
and buildings, in philosophical apparatus and libraries, and in other 
property set apart for their support; also, how great their annuai 
income is from tuition money, (amountingin one academy to f 7,659, 
and in several others to more than 92,000.) 

In another schedule. No. 7^ will bo found a comparative view of 
the di&rent prices ehargcd for tuition in the different academies. 

Schedule No. 3 exhibits a return of the amount of money re* 
ceived by the several academics from the Literature fund for the 
year preceding that for which their reports are made, together 
with a statement of the manner in which such moneys have been 
expended. By an act of the Legislature, passed at the last session, 
it was provided that all such moneys should be thereafter ** cxclu- 
sivefy applied and expended towards paying teachers' wages."— 
The Regents had themselves, before such act was passed, given 
aimilar directions on the same subject, but notwithstanding that 
circumstance, they find with regret, that in some few academies^ 
the public money for 1833 has (through inadvertence they pre^ 
same,) been applied to other objects than those designated by thenk 
As the act of the Legislature on this subject could only relate to 
the expenditure of money to be distributed by the Regents aAe^ 
1834, it has not as yet been violated, and the Regents will take 
care to prevent its violation by admonishing the academies that It 
will subject them to at least a tempory forfeiture of their disfribu* 
tive shares in the income of the Literature fund. 

Another schedule, (No. 4,) accompanying this report, contains 
mn elaborate view of the different subjects of study pursued in the 
several academies, from which returns have been received. AU 
though the Regents have no satisfactory information, as to the er- 
tent to which the subjects of study specified in this schedule are 
pursued; yet, on comparing those subjects with what was taught 
in oar best academies only a few years since, they have the grati- 

[Senate, No. 7Q.j 2 



ffcKifon to find a: (nanifest, and very great degree of improTemeDt, 
both in respect to variety and extent of academic studies. lo 
several of onr academies the subjects of study now pursued, arc- 
as elevated in rank, and as conrprebensive in variety, aa will ordi-- 
harily be found m any of our common coHegea; the difference be- 
tween such academies and colteges eonsistkig chiefly in ihe eitenl 
to which studies are pursued, and not in the nature or character 
of the studies themselves* This fact wiM probably account for 
what has for some time been observed, in respect to our eoUeges,. 
that their growth or increase m number of students^ has not cor- 
responded with the progress of the country in wealth and popula* 
tiour And although the Regents would not be understood, as they 
certainly do not intend, to depreciate, or in any manner to dispa- 
' rage our colleges, they are nevertheless free to regard with spe- 
cial commendation and favor the efibrts made for improving the 
condition of our academies^ and to express their gteat satisfaction at 
the success of those efforts, exhibited in the more rapid growth 
and prosperous condition of these favorite institutbns. They con* 
sider academies seminaries of education intermediate between col* 
leges and common schools; and beiug more conveniently dispersed 
over the whole State than our colleges are, or can be, they have 
the advantage of being more accessible to all classes of the coo^ 
munity. The regard entertained for them is also greatly en* 
banced from the circufnstaace that many of them have finally be- 
eome^ whft they were all long desired to be, nurseries for teachers 
of conui^a schools; they being now relied on as well for the 
supply of such teachers as for the support of our colleges with 
scholars. But, considered as sources of support for our colleges, 
they only appear to subserve an ordinary purpose which was al- 
ways expected of them: while viewed as sources of supply for 
common ichool teachers, they appear imder a new and more in- 
teresting aspect, subserving purposes of much greater magnilnde 
and value. 

Connected with the schedule last above referred to, is one, (So^ 
^,} exhibiting the different text or class books used in the several 
academics from which returns have been received: and in another 
schedule, (No. 0,) will be found various extracts from the acadeniie 
reports, exhibiting whatever appears to be special or peculiar Iq 
any academy, in the mode of instruction adopted by it 



The taformaiton contained in these and ofther fchedules above 
referred to, although probably of no great interest to the piiblia 
^neraHy, yei, beiog commomcated through the medium of this 
report, (copies of which are ordinariiy sent to all the aoadeuiies m 
«be State,) will be specially interesting to each «cade«iy, 4is it wiU 
enable it to compare its own oonditioii with that -of other ihidred 
institutions; and thereby to discover and supply its own deficien* 
cies. It wfll also enable the Regents, at some future lime,, when 
their fund of similar information, aTl drawn from the results of 
actual experience, shall be increased both in amount and variety^ 
to digest and prepare a system of general academic instruction, (if 
«och a system alhall ever be thought advisable,) for all the acade^ 
tnies in the State subject to their visitatioOi 

The Regents having heretofore, under the special direction of their 
late Chancellor, addressed a circular letter to the several colleges 
and academics in the State subject to their visitation, recommend- 
ing observations to be annually made> at every such college and 
academy, on the variation of the magnetic needle, and prescribing 
the manner in which such observations ought to be made; they had, 
in view of the great importance of the subject, hoped to be able to 
present the result of a series of such observations, made in different 
years, and in different parts of the State. But of all the colleges 
subject to their visitation only one, that of Geneva, appears to have 
paid any attention to the subject; and of all the academies in the 
State only those of Albany, Auburn, Clinton, Erasmus Hall, Johns^ 
town, Oxford, Seminary of the Oneida and Genesee Conference at 
Cazenovia, and Utica academy have made returns of such obscrva* 
tions. The result of the observations thus returned, may be seen 
in schedule No* 8, accompanying this reports 

- Abstracts of the usual returns of meteorological observations, 
made at most of the academies in the State, during the last year, 
will be found in a very voluminous and elaborate schedule accom* 
panying this report. 

By an act of the Legislature relating to the distribution and ap* 
plication of the revenue of the Literature Fund, passed on the 
22d day of April, 1834, it is, among other things, provided that 
any portion of the excess of the revenue of that fund, over 912,* 
000, may, in the discretion of the Regents, be assigned to any 
academy or school subject to their visitation, for the purchase of 



t2 [SmuATK 

text SookSy maps and globes^ or philosophical or chemical apparaiusj 
subject to such regulations as the Regents may prescribe; the 
amount so to be assigned, not to exeecd 9250 in anjr one year; 
mid no part of it to be paid over unless the trustee* of the aca^ 
demy or school to whieh if m»y be appropriated, shall ^ rttse and 
apply'* an equal sum of money for the same objects.^ 

Soon after the passage of this act the Regents caused a circular 
letter of instructions to be addressed to the academies, informing 
them of the provisions in the act above referred to, and requiring 
them in their next annual report, to make a particular statement 
or inventory of all their books, maps, globes and articles compri- 
sing their philosophical or chemical apparatus, to the end that the 
Regents might be informed what books and apparatus the several 
academies were already possessed of; and the trustees of such 
academics were also, by the san>e instructions, required to state 
in their report, whether, in case the Regents should assign to 
them any sum of money, not exceeding 8250 per annum, to be 
applied for the purpose aforesaid, they would, as required by the 
said act, *' raise and apply"" an equal simi for the same purpose. 

In compliance with the instnictions thus given by the Regents* 
most of the academies subject to their visitation, have f*2mished a 
statement or inventory of the books, maps and articles of philo- 
sophical apparatus belonging to them respectively: But only a 
few of them have made application for any part of the money 
appropriated by the act above referred to, as will be seen by sche* 
dule No. 0, accompanying this report, in which the academies 
making such application are particularly encnnerated, with the 
amount applied for by them respectively. 

From the terms used by the trustees of some of the academies, 
in the resolutions adopted by them, signifying their consent to 
raise and apply a sum of money for the purchase of books^ maps, 
fcc. equal to what they may receive from the Literature Fund 
for the same purpose, it would seem that the words in the act '^ to 
raise and apply,** are considered by them to mean nothing more 
than simply to appropriate out of their own corporate funds, a 
sum equal to what they may receive, &c.; and it is understood 
that the trustees of other academies, whose resolutions do not, in 
express terms, betray such a construction, do, nevertheless, eon- 
itrne the act in the same way: But the Regents do not concur in 



No. 7a] 13 

any such coDstruciion. They consider the words '' to raise and 
ofply^^^ as used in the ^ct, to mean the obtaining of money by 
voluntary donations or contributions, from sources other than the 
corporate property already possessed by the academies. Any 
other construction would make the provision in the act relate to a 
meiei exchange of one kind of corporate property for another, 
while the policy or object of the act is presumed to have been to 
secure to the academies, the benefit of special exertions in their 
behalf, by holding out a special bounty or inducement to make 
•uch exertions. 

The act expi-essly restricts the expenditure of the money ap- 
propriated by it, to the purchase of *^ text baoks^ maps^^* &c. In 
every academy, of which the Regents have any knowledge, the 
text books required by the students, are in all cases supplied by 
themselves or their parents; as such books are wanted for constant 
use, and are not considered proper for a public library. If they 
should constitute such a library, and be allowed to be drawn out 
for constant use, (as they would have to be to derive any benefit 
from them,) they would last but a short time, and the trustees 
would probably be subjected to a heavy annual charge to supply 
the lost or worn out books. Did the Legislature mean by text 
books, such only as are reqOired for constant use in the academies ? 
Did they not rather mean to include, under that general denomi- 
nation, all or any such books as, like the common text or class 
books, have the rank of standard works either in literature or sci- 
ence t If the act be construed in its most restricted sense, the 
result will probably be that few, if any, of the academies will ap- 
ply for money to purchase l>ook8, but all who apply will confine 
their applications to money for the purchase of ma|is, apparatus, 
&c. 

The question above presented has acquired an interest which it 
would not otherwise have, from the circumstance that some aca- 
demies have alreadv expressed a desire, and others will probably 
follow their example, to be permitted to apply the money which 
may be obtained under the act above mentioned, to the purchase 
of books to be used only for occasional reference and consulta- 

« 

tion; such as large and costly editions of standard dictionaries, 
eneyclopssdtas, &c. ; and if the Regents should be applied to for 
their approbation of such an expenditure of money, they wouM, 
as at present advised, give their opinion in lavor of it. 



14 [SXNATK 

In and by an act of the Legislature, passed at the last session, 
*^ concerning the Literature Fund/' it was provided that the reve- 
nue of the Literature Fund, then in the treasury, and the excess of 
the annual revenue of said fund thereafter to be paid into the trea- 
sury over the sum of tl2,000, or a portion thereof, might be distri- 
buted by the Regents of the University, if they should deem it ex- 
pedient, to the academies subject to their visitation, or a portion 
of them, and that the trustees of academies to which any distribu- 
tion of money should be made under that act, should cause the 
same to be expended in educating teachers of common schools in 
such manner and under such regulations as the Regents should 
prescribe* 

The law was laid before the Regents for consideration soon af» 
ter its passage, and a resolution of the Board was passed referring 
it to a committee of their members to report at some future meet- 
ing, ** a plan for carrying into practical operation the provisions of 
said act." At the present annual session of the Regents, their 
committee submitted a report which has been adopted by ^the 
Board, and a copy of which they submit herewith as a part of their 
report. 

The confidence manifested by the Legislature by the passage of 
the law referred to, investing them with the discretion of expend- 
ing any portion of the excess of the annual income of the fund in 
educating teachers, the Regents have felt demanded a correspond- 
ing duty of great care and fidelity in the discharge of the impor- 
tant trust committed to them. The first steps in the organization 
of the system for preparing competent teachers for our common 
schools, and embracing the whole subject of the character and ex- 
tent to which popular education may, under existing circumstances, 
be carried and provided for, will necessarily have much influence 
in hastening or retarding the beneficent design of the Legislature. 
While the plan which has been adopted, so far as to the number of 
academies in which such a department is to be established, has 
had regard to the funds at present available to the purposes con- 
templated, it has not been considered proper to reduce the coarse 
of studies or limit the qualifications below what is indispensable to 
fit the teacher for the place he is to occupy. Eight academies 
have been designated, one of which is situated in each Senate dis- 
trict, and the Regents have already received the assent of all of 
them to the establishment of such a department in their respective 
institutions. 



No. 70.] 15 

la presenting the report of their conoroittee at length on this in- 
teresting part of their duty, the Regents cannot but hope that the 
uacommonly able manner in which the views of the committee 
have been presented, and the evidences of sound reflection and 
knowledge of the matter submitted to them, will meet with the ap- 
probation of the Legislature and the public, as that report has with 
the concurrence of this Board* 

The Regents would do injustice to their own feelings in closing 
their report without adverting to the death of their late Chancel- 
lor, the venerable Simeon Db Witt. The members individually 
unite in the general expression of unfeigned sorrow at an event 
\vbich has deprived the country of a patriot of the revolution; the 
State of Mew- York of a valued citizen; and science of a distin- 
gaished votary. While a member of this Board, since the yeair 
1798, and its Chancellor since the year 1829, the deceased has 
contributed largely to raise the character of our literary institutions, 
to aid in the general diffusion of knowledge, and improve the mo- 
ral and intellectual condition of his fellow-citizens. He died as he 
had lived, a christian and a philanthropist. 

By order of the Regsnts of the University. 

S. VAN RENSSELAER, Chancelhr. 
6. Hawlet, Secretary. 



Wo. 70.] 



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- RECAPITULATION. 



Ist District,.. 
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3d 

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do 
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Totals, 



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The rate per scholar, if the apportionment had been made with- 
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A true abstract and apportionment. 

GIDEON HAWLEY. 

Secretary of the C^iiiecrsily. 



Jfo. 70.1 



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No, 70*] 53 

SCHEDULE No. 6, 

Containing extracts from the remarks submitted by the trustees of 
several academies %n their reports to the Regents of the Universi- 
ty^ for the year IB34, on the peculiar modes of instruction adopted 
hy them* 

First District. 

Erasmus Hall Acadbmy. — As to the course of instruction pur- 
sued io this academy, the board submit the following: 

The advanced students in Latin and Greek are examined, not 
only in their translation and acquaintance with the grammatical 
construction of sentences, but likewise on the etymology of words 
and peculiarities of style; and when the works of poets are read, 
on the prosody and poetic diction of the author; the reasons* why 
one word is preferred to another, usually reckoned synonymous; 
the history of individuals, and of countries, including antiquities, 
and .the geography of places, are strictly attended to; exercises in 
prose and verse, are written every week; and lectures are occa- 
sionally delivered on subjects connected with their studies. 

In the higher, mathematics, the course is about as complete and 
nearly the same as that of our colleges. Instruction is generally 
given by lectures. Playfair's Euclid and Bridges' Conic Lectures 
are the only text books required. Arithmetic is studied as a 
science as well as an art. To the studenU in this department vo- 
luntary exercises are weekly prescribed. Instruction in astrono- 
my and the use of the globes has been given by lectures, and ac- 
tual practice in solving problems on the globes. Students mapping, 
copy on a scale differing from the original, and themselves calcu- 
late the length of the lines of latitude and longitude. 

It is proper to remark, that important errors are frequently de- 
tected by the pupils in their school maps. 

Reading, writing and spelling are daily attended to. Students 
are exercised in composition and declamation, at least once in two 
weeks; and nearly one-half of those claimed in the following list, 
write essays once a week; the advanced students speak originai 
pieces once in six weeks.- 

Otstbr Bay Acadbmt. — The higher classes are required to 
read about one page of something either in prose or verse every 
day; to spell a page of Walker's Dictionary; to give the definition 
of a certain number of words; and to spend an hour at writing 
daily. 

Strict attention is paid to the pronunciation of words, according 
to the authority of Walker, generally; in some instances however, 
we differ from him. In spelling, the class is directed to omit a 
number of letters, such as, the u in honour, the k final as in pub- 
lick, &c. 

The method of instruction, particularly in the lower depart- 
ment, is what is denominated the Inductive System. The pupils 
are all led to think for themselves; to make their own comparisons; 



ft4 [SfiyAtc 

to give illustrations as they understand the subject under consider* 
ation ; and to make use of no rule or fonmila, unless it has origina'* 
ted itself by investigating tlie principles upon v^hach such nue is 
founded. 

Union Hall Academy. — All the students of the English de- 
partment, are exercised daily in writing, spelling and defining 
words. The more advanced, read twice a week; those less advan- 
ced, read daily. In the classical room, the students write daily, 
spell and define words twice a week. The less advanced reid 
twice a week. 

That the studies of youth, to be successful, must be voluntary 
and agreeable, is a truth so prevalent that the most inflexible ad- 
herent to ancient usage, canitot escape being influenced by it* It 
is found in the experience of this Institmion, that no studies can 
be successfully prosecuted under the agency of mere force. The 
studies are levelled to the comprehension of the learner, so that 
he can appreciate the use and value of the knowledge he obtains. 
Topics that come within the sphere of his observation, are made 
the subject of his semi-monthly compositions. 

No novel methods have been resorted to, but such hints and sug- 
gestions as appeared in approved works have been listened ta and 
adopted, where it seemed advisable. 

The most practical knowledge is considered the most importatit 
to be imparted, with this view, selections only of Greek and Ro« 
man antiquities, for instance, are read, and reference is made t» 
the rest. In respect to Greek and Latin prosody^ the habit of cor- 
rect reading and verifying the same by the rules is ii^culcated, whfle 
less time is expended on the niceties of verse. 

May we suggest to the Regents, the propriety of selecting from 
Simpson on JPopular Education, Dimond's Moral Philosophy, 
Grinke, and others, such parts as have reference to the best elas« 
sics; and distributing them among the academies of this State. 

Seconi District* 

Farmers' Hall Acadkmy. — As to the. elementary studies, no 
scholar is exempt from the exercise of reoi/tng. Those who do 
not read in classes, read in rotation, short select pieces before the 
whole school, other business being suspended; for which exercise 
the scholar is required to- make special preparation. Exercises ia 
spelling are required of all, except those in the higher classes in 
the languages. 

All English scholars, with a part of the others, attend regularly 
to writii^. In compositions and written exevcises^ Che maonan io 
which they are executed^ as to penmattsfaip, is particularly notioad. 

Walker's Dictionary, with exceptions, is regarded as Uie stand** 
ard of pronunciation of the English language. 

Recitatiooa of gieogranby luid hiaCoFy, and tba exercises of 
vending and speUingt furAisb the teachecs with, opiportttnitiea of ooi^ 
rtetion and criticism in prMUOciationi. which are 0t cooraa always 
improved^ 



No. 70.] B6 

MoNTOoMEBT AcAOBMY. — It is our Constant effort to make ail 
our students good grammarians, and thorough and practical arith- 
meticians. Thus, in parsing, we give a word, suppose '^ direct,'* 
and require them to name the pwt of sveechj then compare it^ then 

g' ve the word supposing; it an adverb, then a noun, then a verb* 
y this process we thinK the student will understand the subject 
better then after the old method. We require the student at the 
same time to define the word and give it a proper pronunciation. 
All exercises in composition and declamation are examined criti- 
cally, both respecting the style and spelling in composition and 
pronunciation, and gesture in declamation. In a word, we aim 
more at a practical than speculative, more at a solid than an orna- 
mental education. 

In synthetic arithmetic, we require the pupil to analize the pro- 
blem and then perform the operation synthetically. This latter 
process is given on the black board. 

la the science of algrebra, we require the student to explain 
and practically develop all the various steps in the operation of 
the principle involved in the problem. 

We pursue a similar course in the science of surveying; we re- 
quire the student to demonstrate on the board, the various princi- 
ples upon which a given problem is founded; thus the student is 
made satisfactorily acquainted with the truth of the theorem^ In 
our lectures on natural science, we deal in plain familiar language, 
and at the close of each lecture we examine the class on the vari- 
ous subjects noticed, and the experiments and proofs given illus- 
trative of the same. 

la our text books, we have endeavored to select the best with 
which we are acquainted. On this subject I consider *^ reform" 
indispensably necessary in order to keep pace with the improve- 
ment of the age. 

Mount-Pleasant Academy. — The trustees would respectfully 
suggest, in case the proposed appropriation should be made, whe- 
ther it would not be better to have the act of the Legislature pas- 
sed April 22, m34, so amended, that the books which may be pur- 
chased by virtue of such appropriation shall be for a permanent 
library, rather than for text books, as apparently contemplated by 
the act; which ii\ many instances would be soon defaced and destroy- 
ed* It is believed, that in the present day, there are few stu- 
dents who cannot provide themselves with the text books necessa- 
ry to the pursuit of their respective studies, but many are unable 
to furnish themselves with a course of general reading; and this 
could be most happily effected by libraries in all our institutions, 
which would be gradually increased, until they might become a 
great and extensive blessing. 

With regard to the particular heads stated in the last instruc- 
tions of the Regents on which they require a report, the trustees 
would make the following statement: 

This academy is considered as divided into three departments: 
] , Introductory, 2, English, 3, Classical and Scientific. But all 



the scholars in each department are required to read once a day 
in the Bible, and they daily spend twenty minutes in writing, and 
there are frequent exercises both by spelling viva voce^ and by wri- 
ting from dictation of sentences. 

On Wednesday afternoon, the compositions are presented, and af« 
ter being read are exchanged, and every error in spelling, in punctua- 
tion and the use of capitals, is pointed out and required to be cor- 
rected by the writer. The trustees consider the lower branches, 
as being of primary importance, and their teachers are seduously 
attentive to them. 

Kingston Academy. — Exercises in spelling are required daily 
from every student, as also in defining and applying the definitions 
in some sentence from which the words spelt have been taken. 

Much attention is paid to reading and writing, especially the 
latter, for which purpose a writing-master is employed. 

The standard of pronunciation is Walker, and the teachers 
make it their business, not only in the recitations, but also in all 
'the intercourse they may have with the scholars, to correct any 
false pronunciation. 

Nkwburgh Academy. — Wrrting is practised daily by all the 
students; spelling is attended to by all, partly by regular recita- 
tions and partly by being obliged to correct the instances of bad 
spelling in their own compositions. The latter practice has been 
resorted to very extensively. Very young scholars are required 
to write essays; they are examined by the teachers, but not cor- 
rected. A mark is made pointing out the lines that contain inac- 
curracies, which the students are to correct by the help of their 
dictionaries and grammars. This exercise is attended with happy 
results — an error thus corrected will seldom be committed again — 
a twofold object is thus acquired, correctness and reflection. Ma- 
ny scholars who learn to spell by reciting from a book, are found 
incapable of writing a line without some mistake. To remedy 
this, they are required to copy whole pages from books or write 
much without copying, mark the pauses, capitals, &c., which is 
found to have the desired effect. 

Much attention is paid to form a correct pronunciation. The 
teachers are in the habit of openly and promptly correcting all er- 
rors of this kind, as well as all grammatical improprieties in the 
construction of sentences, which may occur either in reading or 
conversation. Of the latter kind the most common are heard in 
the use of the pronouns in the 'wrong case. Conversation is often 
stopped, and the error, with its correction, written in a conspicuous 
place on a black board for a future beacon. 

Whenever any collateral topic of interest strikes the mind du- 
ring recitation, time is not considered lost which is spent in des- 
canting on it, and students return with a double zest to their work. 
In this manner, for instance, the Roman antiquities have been read; 
during the whole course, every opi>ortunity was taken to draw 
comparisons and contrasts between the Roman constitution and 



viaDRers and our own, ivhichi^ms atte«ded wi A muck iirfbrmationto 
the class. Much atteocion too has been giveo 4o ihe^iudly of ock* 
^wn cofistUiltioo and form of gov«riKnei»i. 

NoBTH Salbm AcADBMir^— -The trustees beg leaveliere to Mggesft 
« difficulty, which thcsy believe is felt to some extent by all teach'* 
•ersy at a distance from the larger towns, vuk The want of infor- 
Hiaticn respecting the iqost approved authors, and Ihe-best editions 
of those authors, on many of the subjects of aoademical study^ 
Would it Bot promote the interest, which your board >have 4b 
<:harge, to appoint a committee to make iQqutry and prepare a list 
of the 4eBt books, to be published in your forthcoming ^mnual re« 
|>ort. 

TAird ZHstricl. 

AiiBAKY Academy.— <7<}m;K>STiCir>n and Deelamdtion.'^AM the 
students in the academy required to attend to these branches are 
divided annually into foar classes; on every Friday afternoon, in 
term times, two of these classes give in composition, and the re* 
mainder speak; thus they are attended to every seven days. 

Readiitg and SjpeiKng.-^-Of course, aH the scholars in the fourth 
department, either reaa or spell ev^ery dav, and motSi of the young* 
er ones do so twice a day; bot in the three higher departments, 
besides exacting attention to orthography in all, their number is 
divided into classes, who attend on every Friday, alternately to 
reading and speHing; and their places and the consequent premi* 
oms depends on their excellence in each. The faiffhest classes are 
required to write down sentences, dictated verbally to them as a 
merchant does to his clerk. The slates are then examined, and 
the mistakes marked on the cards used for that purpose, so, also 
with reading; all mistakes in pronoimciation, omissions, or inter- 
polations of words are <:ounted as mistakes. 

Penmanship. — All the students required by their parents or 

{guardians, to attend to this branch are exercised in it daily> In the 
burth department, they attend thus for three quarter^ of an hour, 
and in the three higher departments, for half an hour, daily. 

Pronundmtion of the English Language. — The standards followed 
are Webster and Walker. The cases in which any diversity oc« 
curs, are comparatively few, and where it is necessary to decide, 
that pronunciation is recommended which is most generally adopt- 
ed by public speakers. 

Made oj Instmction, — ^It has ever been a landing object in this 
institution, as soon as the age of the pupil will allow, to persuade 
him to commit the substance of his lessons, rather than the actual 
words. In all the higher departments, this principle is carried out, 
by varying the order of the recitations, and requiring, as far as 
may be practicable, explanations in his own language, from the 
pupil. The success of this plan has been unequivocal. Its happi- 
est result is the power of analysis and condensation that is thus m- 
sensibly furnished. 
[Senate, No. 70.] 8 



Albai^t FtAAtfi AcADemlr. — The instftotion is designed fo br 
Bseful^ and ppacticail; to this end, it is^ the intention to leaeh the sci-^ 
ence itaeir^ and to regard the tt%% books at^ihe basis^ of the tfi9truc«^ 
lion to be commanicated; The students are required fo gi¥e ex- 
fisnvporatieetis iHusfration» of every in^portMt prrneiple in Ihe sci- 
6nce tinder eonsideratiotr, mid afeo, to^ gi-ve i^ general a# weff as ar 
particular analysis of the outhor^r 

Composition has^ reHQiveA particiirlffr attention in fhi» institution;: 
and it is^ believed that the plan pursued in teaching this importans 
branch, has resuhed in producing many eorreet md etegant wri- 
fers. Insfrtiction va this brancft of studyis commeneed in the fifth 
department, where the ptapits are daiFy required to incorporate ]r» 
sentences, to be written by themselves, words given them by their 
teachers. This exercise is continued in both drvisions of the fourth^ 
and occasionally in addition vo regdIWr essays in the third depart^ 
mant, and experience has demonstrated i4 to be, an efficient mode 
of teaching the dc6nitioi» and uso of words, as well as the struc- 
ture of I»ng|sager In the first and second departmeafs, thia pro- 
ductive system is continued. The teachers of compositioB devote 
one hour a day fo each of these departments, in correcting the es- 
says which are given in once in every two weeks. The compo- 
sition of oacii popif is read aloud in her presence, and all the faulta 
in ortbograpb>y, incorrect sentences, improper use of wordsy &c» 
JLc^ carefully pointed out^ 

Themes are occasiontSlly given to the scholars, with an analysis 
or sketch of the outline, to be pursued in the construction of the 
essay. After the composition' rs corrected, the scholar is required 
to make a copy of the same, and return it to the teacher to be pre- 
served in tbe institution. 

Albany Feitalr SsmwA^w — The seminsrry is organized ox$ 
the most new and improved plan of the New-England Female Se- 
minaries, taking for a pattern tbe plan pursued by the Rev. Mr. 
Abbott of Boston, Mass* 

All tbe branches of academical studies pursued in high schools 
and colleges, are taught by teachers of the first distinction. The 
system of instruction is divided in two classes, denominated the 
useful and ornamental, embracing all the branches necessarry to 
complete the female education* The faculty have adopted as far 
as practicable the system of recitation lectures, which are highly 
practical, and tend happily to the cultivation of the moral and in- 
tellectual powers. 

The seminary is divided into six departments; tuition per quar- 
ter is fixed at $3 in the first department; $4 in the second; #5 in 
the thirds 96 in the fourth; 97 in tbe fifth; 9S in the sixth. The 
price of board per week is 92.50. To those young ladies who de- 
sign to become teachers, particular attention is paid with a view 
to this object. 

Jefferson Academy. — The mode of studying Waits on the 
Mind will furnish a specimen of tbe mode on several ether braoch- 
es, such as logic, rhetoric, &c. &c. 



To a class of a dozen of pupils, is pvem a lesson, e. g. the chapter 
on conversation. They are 'first required to read the chapter cur- 
sorily, marking, however^ any passage that strikes t-he mind very 
Jonc^fy, with a pencil. They are fiext required, wiikeui any con^ 
4:eri, to write out £ve, ^more or less) of the most important ques- 
tions tiiey can originato by a critical review and study of the 
^chapter, and to deliver these questions to the teacher, at the recita- 
€ion seat, giving him answers from anemoiy; these answers bring 
the sentiments {not necessarily the wards of the author,) or the re-> 
■suit of their own observations or reasonings* It is, I imagine, 
readily seen, that a high ambition is hereby produced between the 
several members of the dass to bring forward a better seleouon of 
<lDections, each, than any of the rest, as well as necessarily a stUmi* 
lated exercise of the judgment, and a critical pxamination of other 
parts of the lesson than those brought forward. This, of course 
does not preclude the teacher from bringing up at the reeitatioo any 
important topie, unduly neglected by any or ail of the class* 

A lecture is given early in the term en the mode of writing oom« 
positions. Sometimes a topic is named to the class, implied, e. g., 
in the word ^* scholar,'^ and a dozen words, such as time, money, 
neatness, examination, hours, diligence, slothfulness, fee., and a 
sentence or sentences required to be formed, having reference to 
scholar, in which one of these words shall be employed. 

After the compositions prepared within a fortoic ht have been 
read, eadi one being read aloud, by iu writer before the class; 
another exercise is habitually practised, which we might call the 
ten or fifteen minutes extempore composition. Each pupil takes his 
slate, and is requested to present within three minutes a single 
word, on which he wishes the class to write, without reference 
«ven to a dictionary. The several words are then read, and the 
teacher names the one on which 'they are to write fifteen minutes. 
All must write aamething* At the expiration of the fifteen minutes, 
all are called to the recitation seat, and we are not a little amused 
to read each scholar in respect to his natural and acquired abilities, 
ma he reads (from his slate) his composition. 

KiffDERHOOK ACA0BMY. — ^English composition is intended not 
only to be an exercise in composing, but in penmanship, orthogra- 
phy, punctuation, use of capital letters, also in reading. We find 
this exercise in all its parts so valuable, that we regularly give one 
half day in eaeh week to it exclusively. We endeavor in all the 
branches to adopt as far as possible, the inductive method, by 
which the particular principle leads on to a more general, qniil the 
general principle or definition is brought out; and thus the rule is 
investigated and made by the scholar's reasoning powers, by the 
understanding, and not abstractly committed to memory, as in the 
4rfd authors. This method sucoeeds perfectly in arithmetic, alge- 
bra, English grammar. 

During a part of the year, extemporaneous speaking, or deba(r 
iog on a question previously tnken, is practised with advantage, 
especially to the older pppils. 



m [ Sen AT i: 

Ab to (&e pronimcratiott of the SngHsR Ennffaitge, we r^srd it 
in prindpk and in practice^ highly important. WaUcer is eur stand* 
ard in mer- main. We endeavor to break up habits of false pro* 
nunciation in oar daily intercourse with* the stodealS| in their pub* 
tic speaking, and at M times. We extend oar criliciams to the 
prommeiation of ppifper n€nnesy as welk as ordinary wordsw 

Sca%NificTAi>T AcAV^MT, — Jffisft depmriment. — All the stadenta 
are exercised daily ia reading, spelling, and writing,, and these 
exercises- oceupy at leasl one hour of the six.. 

Webster's Dictionary is the standard of pranimcialioDv and er- 
rors in ppoDuiMsiatfon are corrected whenever they occur. 

Female depariment^^-'Uhe coiKse pursued is, one hour's recita* 
tion for each ciass .comprised in the higher branches of English 
science and modern languages. It is required of pupiis in their 
recitations to give the author's ideas, in their own language. Four 
days are devoted to the examination of ali the classes at the close 
of each term, when the credit roll for the whole school is read in 
pubKc — likewise the credit thus enrolled is transcribed ibr each 
individual, her own share bentg on the back of her school bill. 

Papils are required to write one compositieu each week, which 
are criticised before the class, afterwards corrected by themselves^ 
and then submitted to a teacher (generally the principalji fut fujK 
ther inspection. 

CaNstkenie extrctMe^ l(i minutes each day.. 

Fourth BisfricL 

Cambbidob Washinoton. — Extent of Elementary sfadSss. — 
Much attention has been paid by the students in the higher branch- 
es, to a revisal of their elementary studies; aad this practice has 
arisen, not only from the manifest importance of the subject, but 
likewise from tlie circumstance that so large a portion of our ttur 
dents are young men preparing themselves for teachers. Of the 
students that l^ve attenaed the academy during the *past yesr, 
eighteen are now, or have been during the year, employed ai 
teachers in district schools, and we believe the proportion has been 
as great in former years. A part of Wednesday is devoted to 
exercises in reading and parsmg from the whole school. Whes 
these and other minor branches, Especially arithmetic, are pursu- 
ed only as occasional exercises, for the purpose of maturing and 
rendering permanent former attainments, we have not noticed it 
in our list of studies. Frequently in such cases, the text book ii 
not used, the teacher supplying its place, either by some other 
treatise or by oral instruction, selecting such parts of his subject 
as are most important, or least understood by the class. 

Mode of Instruction. — There is nothing peculiar in our mode of 
instruction. We may remark, however, that we have never used 
the Monitorial System^ as we consider it unfavorable to soQDd 
scholarship. A teacher ought to be much farther in advance of 
his pupils than a monitor usually is of his classmates.' The only 
advantage we can see in the system, is that it renders superficial 



No. 70.] 61 

knowledge cheap. A rule which we have observed, and which 
we believe is not commonly practised, is to revise on Saturday, 
the studies of the week. In addition to which, we have a general 
revisal, commencing about 3 weeks before the close of each term. 

St. Lawbencb Acadbmt. — We have during the past year deli- 
vered lectures on Physical Geography, Nat. Philosophy, English 
Grammar, Botany, Mineralogy, and* the Principles of Teaching. 
We have sent out upwards of 60 teachers, and yet we have not 
been able to meet near all the calls. — Upwards of 100 might have 
found employment, at good wages in answering the calls actually 
made for teachers. Our list of scholars in the higher branches of 
English education is considerably lessened, I should say at least 
from 15 to 20, by our efforts to prepare these scholars well for 
teaching, as they have not a sufficiently thorough and extensive 
knowledge of arithmetic, geography, &.C., to prepare them to teach 

I>rof]tably and successfullv, though they may have all the know- 
edge required to be enrolled as scholars in the higher branches of 
English education, and consequently are kept so long on these 
preliminary studies, that they do not afterwards spend four months 
with us, before going out to teach for the winter. 

We adopt the prmciple. that the great end to be secured in 
commuicating instruction is the discipline of the mental faculties — • 
that mode of instruction deemed best calculated to lead the scho- 
lars voluntarily to exercise these powers, and which, while it ren- 
ders them all needed assistance, still throws them upon their own 
resources and efforts, is that at which we aim. This same view 

Soverns in regard to the selection of subjects of study. Their ten- 
ency to discipline the mental powers is regarded of the first im- 
portance, and next to this, their practical utility. Considerable 
eflTort has been made to become acquainted with the improvements 
introduced into our best schools. With this view the principal 
visited N. England, and attended tfie meetings of the Institute of 
Instruction in Boston, in August last. 

GouvERNEUR HiGH ScHooL. — The greater part of our older stu- 
dents, who have left the academy, either temporarily or finally, 
have engaged as teachers of common schools, of which this insti- 
tution has within the last year, furnished not less than 41, most 
of whom were well qualified and are highly useful in that station. 

The accurate pronunciation of the English language is minutely 
attended to; and a very pleasing and commendable degree of cor- 
rectnses is attained by nearly all the scholars, who continue any 
considerable time in the school. This result is produced by the 
following practice. In reading, every scholar in the class is charg- 
ed to note and expose publicly every error or vulgarism in pro- 
nunciation, which any other scholar is guilty of; and in declama- 
tion, the whole school are expected to act as critical spectators 
and censors, upon each speaker — the teachers being the umpires. 
These criticisms are highly relished by the scholars, and are often 
piquant and amusing, and always instructive. They ensure great 
care and precision. 



6S [Sematb 

Fifth District. 

Hamiltoit Academy. — We believe the advantages in this aca- 
demy for the education of school teachers, are as good as in most 
others, particularly in the iall time, when classes are formed for 
this purpose. 

Between 40 and 50 of the scholars who have been instructed in 
this institution, since the last report, have since engaged io teach- 
ing either select or common schools. 

LowviLLs Academy. — Ten teachers of common schools have 
been instructed in this academy during the year. 

Utica Academy. — The government of the students is rigid, but 
not severe. One general rule is sufficient to guide the students 
at all times and on all occasions, viz: '' Every scholar must do his 
duty." When other means fail to produce obedience, corporal 

ftunishments are inflicted at the discretion of the teachers; general- 
y, however, with information to the parent offthe character, and 
circumstances that call for severity. If offences are then persisted 
in, the delinquent must be voluntarily removed or dismissed. 

In the classical department, English translations of any deacrip- 
tion, and clavises are never allowed to be used as aids to the stu- 
dent. He is always required to subject himself to a rigid analysis 
of the sentence to be learned, in strict conformity to the etymolo- 
gy and grammatical idiom of the language, without any attempts 
at guessing what may be the sense in a loose translation, before he 
is allowed to render in a style of freedom or elegance. This can- 
not be done without repeated parsing and construing of the sen- 
tences by the teacher, who in this way leads his pupil, instead of 
being contented to follow him, through his lesson. And as the stu- 
dents are arranged in a class, where they take precedence accord- 
ing to their own efforts, these exercises in parsing, in tracing ety- 
mologies, in rendering words and phrases with faithfulness to the 
original, and in forcible and elegant English, and at the same lime 
pointing to similar constructions and phrases in other authors for 
illustration, effectually secure the mind from temptations to trifling, 
and produce the most animating contests of emulation that are 
witnessed in the school-room. In this way the teacher becomes 
a powerful auxilary to his pupils, and for the purposes of ready 
illustration, is their book of constant reference. 

It is found by many years experience, that the readiest method 
of acquiring a dead language, is to commenje early with written 
exercises, and to pursue them daily until the peculiarities of idio- 
matic construction, as well as the rules of syntax, become so fa- 
miliar that they constitute a part of the learner's mode of think- 
ing. An accurate knowledge of any language can be acquired in 
no other way. 

In teaching arithmetic, book-keeping and the mathematics, every 
step is meant to be strictly analytical. Every question, beginning 
with the youngest scholar in the junior department, is wrought to 
and explained on the black board in sight of the whole class. The 



No. 70.] 63 , 

day booktf, journals and legersare all formed with their several en« 
tries on the board, and after having been explained and corrected, 
are transferred into proper books. Vulgar and decimal fractions 
are commenced as early as possible. And perhaps a greater por- 
tioD of operations in arithmetic is wrought by fractions and rules 
depending immediately on their principles, than in any other me* 
thod. This forms the readiest introduction to algebra. Algebra 
is begun as soon as common arthimetic is well understood, and is 
then applied to every process where analysis can by this means be 
rendered shorter or plainer. Mensuration, trigonometry, geome- 
try and the diagrams in astronomy are in their turn to be exhibited 
on the black board. So delighted with the black board system do 
the students generally become, that we often find here some of the 
severest contests of emulation. 

The recitations in history and the constitutions form a prominent 
feature in our system. The books which are recited, are mere 
texts or foundations for ampler muterials of history and constitu- 
tional law, drawn from larger works, such as Pitkin's History of the 
United States, Duer on the Constitution, Federalist, Story and 
others. The materials for statistics, are collected with no small 
labor from writers on statistics, the American Almanac, the 
public documents of the United States, and the State of New- . 
York. These papers, so far as they can be procured, particularly 
the reports of the heads of the departments, are read and recited. 

Several efforts have been made to introduce certain portions of 
the Revised Laws of the State, and although hitherto our success 
has not fully met our wishes, yet an attempt will again be made 
during the coming year. The greatest difficulty arises from a want 
of a sufficient number of the proper books. Those which have 
heretofore been published with a reference to this object, are but 
partially adequate to the extensive and liberal views which should 
always be embraced in such a branch of education in our acade- 
mies, and which are adapted to the wants of youth, who are to be 
educated as the future depositories and guardians of the liberties of 
our country. 

Exercises in reading and spelling are always weekly, sometimes 
daily, performed by those in the classics and the higher branches, 
and always daily in the junior departments; and at the time of 
reading and spelling, an ''off-hand'' definition of the words in the 
lesson is required of each student. This part of the exercise, tri- 
fling as it may appear, is eagerly sought for by the students, and 
produces the happiest effects in securing habits of attention, 
promptness and quickness of discrimination. Exercises in penman- 
ship are attended by all the students in the academy, as often on 
an average as four times in each week. 

From the above imperfect outline, the Regents will appreciate 
the motives of the trustees, believing as they do, that the primary 
pjinciple of a sound and useful education, is the unfolding of the 
faculties of the mind and the formation of habits — in insisting upon 
the teacher's requiring of the pupils the most rigid exactness in 
their studies— compelling them to examine and re-examine, to re- 
view again and again their lessons, till they becoma perfectly fa- 



4 64 [Sbitats 

miliar. This duty, arduous and tiresome as it is, must be cheer* 
fully submitted to by the teacher, and must be promptly and nvith* 
out evasion, performed by the student. In default of faithful per* 
formance, he must be detained beyond the stated hours. It con* 
sequently often happens, that the teachers, instead of being released 
at the end of six hours, are employed for eight or nine hoors. 
The exciting of habits of mental attention in the student, is the 
greatest, the most difficult, and the most important '* victory" that 
an able teacher ever obtains, and is the cardinal secret of a 
thorough education. Nothing can achieve this but the most rigid 
exactness, always accompanied with a well tempered but unyield- 
ing firmness on the part of the teacher, who feels his responsibility 
and will command personal self-respect. 

Habitual idleness must never be tolerated by the teachers of our 
academy. The students must be taught that industry is a duty. 
The incorrigibly idle are separated from the regular classes, aad 
degraded into classes by themselves, and subjected to punishment 
at the discretion of the teachers. Their situation here soon be- 
comes so uncomfortable, that they are usually removed by parents 
to places more congenial to their habits. 

Whitesborovgh Academy. — Each pupil in geography has been 
required to draw upon her own black board, without an atlas, the 
map containing the lesson each day. The pupils in both ancient 
ana modern geography have, in addition to what they have learn- 
ed in their text oooks, written and committed about 200 pages of 
notes furnished by their teacher, containinff associations, literary, 
chronological, classical and biographical, designed to impress the 
subject more deeply upon their memories, and to furnish a fund of 
information whicn will give interest to their general reading. The 
older pupils have been required to write exercises in the transpo- 
sitions of Milton's Paradise Lost twice each week. 

^xth DistricL 

Cortland Academy. — ^The trustees, during the past season, 
have made an effort to instruct teachers of common schools on a 
plan different from what they have heretofore been accustomed to. 
A class was formed at the commencement of the last term, and in- 
structed with special reference to preparing them for teaching 
common schools. The principal objects proposed in the course of 
instruction adopted, were to make them thoroughly acquainted 
with the branches usually taught in those schools, and with the 
best modes of instruction and discipline. The result has fully an- 
swered our expectations, and 34 young men from our institution 
are now engaged in teaching. Those who were best qualified 
have secured good wages; and we consider the point now fully 
established, that if the public can be furnished with good teachen 
they will employ them at a compensation which will be a fair 
equivalent for their labor. We greatly need the means of doing 
much more in this department than we have yet been able to do. 
We feel that the importance of the object presents a strong claim 



Ho. 79.^ «i 

on 'the munificence of the State. Many of the yoang men wlie 
formed the class attended a course of experimental lectures on 
-chemistry, and were sufficiently acquainted with this and other 
-departments of natural science to teach them successfully. We 
liave bo doubt thai a class o{ fifty could be formed the next season if 
we had the means of employing an extra teacher for this depart* 
<nent, and with the very best effect on the interests of common school 
education. We ought to be able to make the tuition of the class 
.gratuitous, or to place it at a very low rate, because the young 
men who engage in teaching are generally poor and depend entire- 
ly on their own exertions for support. Any money which the 
Regents may appropriate to this institution ibr this purpose, will 
he faithfully applied. 

OxpoRn Academy. — Reading, writing and spelling are among 
the daily exercises of the younger classes, and reading and spelN 
ing are the weekly exercises of all the advanced students. Errors in 
pronunciation are corrected as they occur in the ordinary business 
of the school, and particularly in presence of the whole school 
during the exercises of public speaking. The bible is used as a 
reading book once a week by the whole school. 

Teachers Department. — A department . for the instruction of 
teachers has been continued for 2i months of the year, during 
v^hicb time an additional teacher was employed for the purpose of 
affording to those young men who were about to enter upon the bad- 
ness of teaching for the ensuing winter, advantages for instruction, 
which they ccnild not have when classed with the rest of the 
schooL Instruction was given in all the branches required to be 
taught in common schools, and also history, constitution of the 
United States and of New-York, ajgebra, geometry and survey- 
ing, to those who could find leisure to pursue them. A course of 
lectures on school-keeping and practical illustrations of ^he duties 
of teachers was given during the continuance of the department* 
It is not believed that 2i months is a sufficient time to prepare 
young men properly for the discharge of their duties as teachers, 
but it is as long and even a longer time than the department has 
been able to sustain itself. The effect of these instructions to 
teachers has been to produce a greater uniformity in the manner 
of conducting schools, and it is presumed also an improvement in 
their condition. It may be remarked, that all the teachers in the 
academy found a very ready employment, and at a compensation, 
on an average, of 92 or $3 per month in advance of those who 
had not been instructed for the business of teaching. The wages 
of the teachers obtained at the academy, varied from 912. to 925 
per month. The number of teachers instructed at the academy 
duiing the year was 37. 

Seventh DistricL 

Canandaigua Academy. — About four years since a teachers 
department was organized on the following plan: 1st. That those 
young gentlemen who entered this school to prepare themselvoa 

[Senate No. 70.] 9 



for teacUeTBy shoafd eiHer the classes pursuing those braochea in 
which they wished, or it was deemed necessary, to perfect them- 
■elves. In these classes the instruction is to be very extended and 
minute. 2d. The teachers to be organized into a class and receive 
a specific course of instruction on the following plan: To meet 
five evenings each week and spend two or three hours together^ 
On three evenings of each week, Hall's Lectures on School-keep- 
ine are reeited till the book is finished and thoroughly reviewed. 
The lessons are short, and the time is filled up by the instructor in 
further illustration of the subject, and by prompting inquiry and 
examination in the class. The remaining evening of the week is 
devoted to th» consideration of a series of subjects; ooe being dis- 
eussed on each evening. Kach member of the class brings in a 
written subject. So many of these are read as the time will al- 
low. The important hints thrown out by the members are par- 
ticularly stated by the instructor, enlarged upon and iRustrated. 
Mutual eonversation is calTed forth. This evening exercise is 
attended with grc&t interest and profit, both to the instructor and 
to the class. The subjects discussed on these evenings are nearly 
the following, and in the order mentioned: 

I. The defects in common schools. 

2* The cireumstances which restrain and dfscourage the efibrts 
of the teacher. 
8.. The best modes of teaching the alphabet, reading and spelN 

ing/ 
4. The best modes of teaching arithmetic, and the best books. 
6. " ** ** geography. 

6. •* ** ** English grammar. 

7. '' '* *' writing and making of pens. 

8. Pestalozzi and his mode of instruction. 

9. Government of schools. 

10. Best method of arresting the attention of pupils. Substito* 
tion of signs, &c., for the ordinary qusstions in schools. 

II. How to teach composition* 

12. What plans can the teacher adopt to render his labors more 
extensively useful to his pupils T This inquiry is designed to em* 
brace the formation of school lyceums, school libraries, the circa* 
lation of periodicals relating to education, &c. 

13. Construction of school-houses. 

This course of instruction is designed to continue one quarter of 
each year. Hereafter a teachers class will be organized both in 
the 'summer and winter terms. It is not supposed that such a 
course of instruction is all th^t is needed; by no means. The 
course, however, is such as to give to younff men a more elevated, 
enlarged and accurate view of what a teacher should accomplish; 
prompt thought on the subject of communicating instruction, leads 
to the invention of new methods of teaching and commanding the 
attention of pupils, and becomes, in some degree, a substitute for 
a long and p&inful experience. It is due to the teachers of this 
•choo! to say, that this course has been sustained by them at a 

Cat sacrifice of time and labor, without any reward except the 
It of doing good. 



In the primary depaftmetit of this academy, atteiitioYi To spelling, 
reading and defining is daHy given, and many times a day. h is 
deemed of the first importance. In the higher department, from 
<me-ha)f to three-fourths of the studeirts are regularly exercised ia 
spelling and reading from t^ro to four times each wedc The 
younger class of lads read, spell and define every day, except 
Wednesdays -and Saturdays. Compositions are required weekly 
of all the students in the upper departments, declamations of afl 
those whom theprincipd deems it profitable to foe exercised in this 
manner. It is very respectfully suggested to the consideration of 
the Regents, whether there may ncn foe some pupils, who, from 
constitutional temperament or inability, ought not to be required 
to declaim. From information derived from the principal, we 
state, that two or three names have not been pert on the iist of 
those entitled Co draw a portion of the literature fund, because 
they did not declaim, and they were excused from this exercise, 
from an tmwiFlingne^s on his part, to compel young men under pe« 
«uliar circumstances to perform this exercise."* 

The number of teachers who have been through a regular course 
in the teachers' department dkiring the last four years, is about 
aixty, 

TDayuoa Acadismy. — As knowledge is mainly derived and com** 
municated through the medium of words, and the correctness of all 
our ideas derived from language written or spoken, rests on our 
just -conceptions of the meaning attached to words in their common 
acceptation, and as no person can comprehend the true import of 
what he reads or hears, any farther than he understands the ap* 
propriate definhion ef words in their distinctive sense and figura* 
live application, the practice of spelling and defining has for many 
years been made a regular and uniform exercise. The book adopt* 
ed is the New- York Expositor, a compilation of the more general 
words in use by Richard Wiggins, with John Griscom's vocabulary 
of technical and scientific terms. The time tor spelling and defr* 
ning is on Wednesdays and Saturdays in each week, and the num- 
ber of words at each lesson is 60, or 120 per week. This is made 
an extra lesson, to be acquired out of school, and at the interven- 
tion of so much time, that each pupil so disposed, may become per- 
fect master of every word in all its significant applications. 

Tn geometry, trigonometry, philosophy and astronomy, there are 
standing diagrams, by which most of the important principles in 
these sciences are practically exemplified. Diagrams from No. 1 
to No. 84, designed to cover all the varities of superficies and solids 
known to Mensuration, are in the view of the students. In these 
the students are exercised as a kind of pastime, and have the op- 
portunity of excelling each other in promptness, precision and ac- 
curacy of calculation, and also of suggesting the greatest variety 
of application in active life. For five years past, lectures have 
uniformly been given on Wednesday afternoon in each week, at 

* Such students need not be exercised in declamation. 

O. HAWLEY, Seeretwrp, 



the efose of academic exercises. This course of lectures has em^ 
braced history, philosophy^ astronomy and chemistry. 

Onondaga Academy. — The primary department was esteblish- 
ed last May by way of experin^ent. Spelling, reading and writing- 
constitute a part of the exercise of the ordinary English student,^ 
but have hitherto been vokiotary with the classical and more ad- 
tanced English student. Arrangements are now in progress for 
baring these, but especially reading and spelling, constitute a part 
ef the regular and established exercises of the institution. 

JHode of Instruction. — This is intended to be practical in the true 
sense of the word, and is so, as far as the nature of the subject and 
other circumstances will permit. The student is required to «n» 
iersiand what he does, so as to be able to give a reason for the 
same, inc^ 

Yates Cobntt Acadeky. — The general mode of instruction i* 
by familiar lectures, and scholars are required to thoroughly un-^ 
derstand elementary principleSj before they proceed in any study 
to which they may attend.^ Special attention is paid to readings 
writing, spellings pronunciation, &c. Weekly public lectures are 
given by some one of the teachers, on some subject connected with 
education* During the past year, from twenty to thirty individu* 
als have been qualified (in the opinion of the teachers,) and sent 
out from the academy to become teachers of common schools. 

Eighth District 

Fredonia Academy. — A class was first organised in this aca-^ 
demy in 1839, to study the principles of teaching, and again io 
1893- In these two years, probably about thirty school teachers 
have received here the benefits to be derived from a systematic 
course of lectures and recitations upon this subject. The trustees 
have also adopted the plan suggested by the Secretary of the* Uni- 
versity, of organizing classes in the study of our own constitution* 
al and municipal law* 

Livingston County High School. — By ** critical reading'^ of 
Paradise Lost, or any other work, is meant, not only reading it with 
reference to the sense and beauties of the author, but to the tones, 
emphasis and inflections, constituting correct and impressive elocu- 
tion. In this exercise the scholar is questioned critically as to the 
meaning of every word in the lession, which he might be presumed 
oot to know without consulting a dictionary, and required to give 
a definition, which being substituted for the word in question, will 
preserve the sense. Great benefit is derived to the pupil from this 
exercise, in accustoming him to attend to what he reads, and giving 
him (by the practice of defining) a command oif words, and a fa- 
cility and a variety of expression, not to be acquired it is believed, 
in any other way. Learning definitions from a dictionary in the 
ordinary method, is liable to this objection, that the words have no 
connexion in sense or grammar, nor any relation with each other 



No. 70.] BO 

but that of alphabetic succession. The learning of their meanings 
therefore, is an effort of memory merely. Again, the current ap- 
plication of words, not unfrequently differs widely from the ac* 
captation given them in a dictionary, and can only be learned from 
their connexion in a sentence. In the third place, very many of 
the words found in our dictionaries, are either obsolete or not well 
authorized. To all this may be added, that the definitions of de- 
tached words learned from a dictionary, are not likely to be re- 
membered for a single week, and it is therefore labor and time 
lost. 

Spelling. — The pupils in this institution are exercised in spelling 
on their reading lessons; no use being made for this purpose of a 
dictionary or spelling book. This method is conceived to have 
several advantages. First, the words occur in all their inflections, 
such as the persons of verbs, the cases and plurals of nouns, where- 
as, in a dictionary, the loot or primitive word only is found. 
Secondly, the words are such as are in most frequent use, and 
therefore most important to he known. Reading, spelling and de- 
fining is a daily exercise of nearly every pupil in the school. The 
system pursued in this school is stated with some particularity, be- 
cause it is, so far as the knowledge of the principal extends, not 
usually, if at all, adopted in other institutions, and is found to be 
eminently beneficial. 

Rochester High School. — Great efforts have been made by 
the principal to qualify young ladies and gentlemen, by a compe- 
tent course of study, to become teachers in common schools. 
There are about twenty-five young ladies from this institution now 
engaged in common schools and the higher departments, and about 
the same number of males. The principal, ia the August vaca- 
tion, visited the villages in this and the neighboring counties, to 
interest the public and teachers of common schools, in deriving aid 
fronn the instruction, lectures and examples intended for a class of 
teachers. Many of that class are now conducting large schools, 
and no one remained the time required to be entitled to a place in 
this report, and no compensation from tuition equalled the expense. 
Still the success evinces the safety of relying on academies to 

aualify teachers for common schools. Of the young men educated 
uring the preceding and this year, forty have been or are teach- 
ing, and many in valuable select schools, making in all seventy 
males and females employed as teachers. It may be added, that a 
large part of the instruction in the higher classes of the female de- 
partment, has been imparted by the gentlemen of the seminary. 

True extracts. 

GIDEON HAWLEY, 

Secretary^ Sfc, 
Albany^ February 24, 1885. 



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SCHEDULE No. 9, 

Exhibiting the names of several Academies which have made appUr 
cation to the Regents^ of the University^ for money to be applied to 
the purchase of Booksy JUaps^ Apparatus^ if c.^ pursuant to the act 
of the Legislature of the 22d ofJlpril, 1834. 

Nunei of Aoademiei makmg Amount of money 

application. applied for. 

Erasmus Hall Academy, ••••.•• $2^0 00 

Oyster Bay, ** •...• 100 00 

Montgomery, ^' 50 00 

Mount-Pleasant " 250 00 

Albany Female, <' 250 00 

Gouverneur High School, .•••••••• • 

Sl Lawrence Academy, • 250 00 

Bridgewater '^ 40 00 

C Enough to par- 

Hamilton " .••••••.,••• < cl»ee mrreyor'a 

(, oompani nca 

LowvUle '* flOO 00 

C Ti' Uft ec i lay they will 

Seminary of Oneida and Genesee Conferences, < appropriate at mnoh as 

( ineyieceire, 4tc 

Cortland Academy, 9250 00 

Ithaca « 250 00 

Ovid " • 250 00 

Palmyra " 250 00 

GEDEON HAWLEY, 
Secretary of the University. 
JUbany, February 24th^ 1885. 



REPORT 



Of a Committee of the Regents of the Univereity of 
the State of New-Tork, on the education of Com- 
mon School Teachers, presented to the Regents at 
their annual meeting at the Capitol, in the city of 
Albany, on the 8th day of January, 1835. 



At the Animml Meeting of the Regents of the University of the 
State of New- York, held pursuant to the statute in such case 
made and provided, at the Senate Chamber* io the Capitol, on the 
8th dajr of January 1835, 



YRE8ENT, 



The GOVERNOR, 
The LIEUT GOVERNOR, 
MR. YOUNG, MR. DIX, 

MR, KING, MR, CAMPBELL, 

MR. WENDELL, MR. CORNING, 

MR- PAIGE, MR, WETMORE, 

MR, SUDAM, MR. McKOWN. 

Mr. Dix, from the committee appointed at a special meeting of 
the Regents of the University, on the 22d day of May last, to 
prepare and report a plan ior the better education of teachers of 
common schoob, submitted a report, which having been read, was 
in part considered; the final consideration thereof being postpon-* 
ed to the next meeting of the Board. 

The following is the report as first submitted to, and finally 
adopted by, the Regents. 

TO THE REGENTS OP THE UNIVERSITY. 

''At a meeting of the Regents of the University of the State 
of New-York, held on the 25& day of May, 1834, a certified co-. 
py of an act of the Legislature entitled * An act concerning the 
Literature Fund/ passed May 2d, 1834, was presented to the 
Board and read; and it appearing that the subject matter of the 
said act related to the application of part of the income of the Li* 
terature Fund to the education' of teachers of common schools, 
under the direction of the Regents of the University, it was 
thereupon, 

Ordered^ That it be referred to Messrs. Dix, Buel and Graham 
to prepare and report to the Regents at some future meeting, a 

[Senate, No. 70. J 11 



02" [Senate: 

pfan for carrying into practical operation tfte' provisions of the said 



act." 



In discharging the daty confided lo thcnv nnder the foregoing- 
resolutionr the cormnittee have become deepty impressed with the 
importance of the sabject. They are satisfied that it wiH depend 
much on the measures which may be' adopted by the Regents in 
pursuance of the authority conferred on them by the act of the 
2d of May la^C, whether the leading and acknowhedged defect ta 
our common schools^ — the want of competent teachers, — shall be 
remedied, or whetherit shalf continue to embarrass, as it long has 
done^ the efforts of the Legislature and of individuals, to carry 
eut our s}'stem of popular instruction to the great results which it 
k capable of producing. Ii> its organization, and in the annual 
contributions which are made to its support, the liberality of 
the Legislature, and of the people on whom the burden principal* 
ly falls, is, in the highest degree, creditable to the State: and if 
the effects of a large expenditure of money, continued for a series 
of years, have not been as beneficial as might have- been anticipa- 
ted from the amount of the expenditure, the causes are to be found 
in some defects of the system, for which an^ early remedy should 
be provided. 

The committee have already said that the principal defect is the 
want of competent teachers; and (he position is indisputable, that , 
without able and well trained teachers, no system of instraction 
can be considered complete. Much may be &ccon>pli8hed by a 
judicious choice of the subjects of study, and by plans of instruc* 
tion divested of every thing which is superfluous; but to carry 
these plans into successful execution, talents ajid experience are 
indispensable, and if they are wanting, both time and money are 
misapplied, and the effort which is put forth, falfs short of its pro- 
per and legitimate effects. 

In other countries, seminaries for the'education of teachers have 
been deemed an essential part of the system of primary instruc- 
tion. Mr. Cousin, in the year 1832, in his report *'on the condi- 
tion of public instruction in some of the provinces of Gerniany,** 
asserts that ^' primary instruction is whofiy dependent on the pri- 
mary normal schools," or schoofs for the education of teachers; 
and he observes that in France, thirty have been established, ** of 
which twenty are in full operation, forming in each department a 
great focus of flluminatron for the people.^ 

In Prussia, the system of public instruction bad an earlier ort- 
gitij and results, far more extensive and bcneficial,~have been ob- 
tained. It is more complete in its organization, and more efficient 
in its practical operation than any similar system, of which we 
have any knowledge. In the year 183d, that kingdom had forty- 
two seminaries for teachers, with more than two thousand stu- 
dents, from eight to nine hundred of whom were annually furnish- 
ed for the primary schools. The vocation of instructor is a 
public office, as well as a profession. He receives his education 
almost wholly at the expense of the state; his qualifications to 
teach are determined by a board deriving its authority from the 



No. 70-1 *8i 

government: his salary cannot be lesslhan aceftain sum, >liicK 
is augmented as occasion requires, and the local authorities are 
'enjoined to raise it as high as possible above the prescribed ^inr- 
mum. Finally^ when through age or infirmity he becomes inca* 
pablo of discharging his duties, he is aNowedto retire wrtfa a pen- 
sion for his support. These provisions of law have made the bu^ 
sinessof'teaching^highly respectable, and have secured for the pri- 
«iary schools of Prussia, a body of men eminently qualified to ful- 
ill the elevated trust corllided to tbem. 

It must be confessed that the eflSciency of these measures is 
•derived in a great degree from their compulsory character, and 
that tbey could only be carried into complete execution by a go- 
^ernment having the entire control of the system of pablic in*- 
^truotion. It was apprehended that the subjection of the system 
to the discretion of the persons, on whose ^contributions the schools, 
depend for their support, might frequently thwart the government 
in its moasures. and sometimes wholly defeat them. For this rea- 
son, parents are required by law to send their children to school, 
and they are punishable by fine if they refuse or neglect to do so. 
For the same reason, the principal part of the expenditures neces- 
sary to comply with the law in mainftaining the primary schools, 
paying the salaries of teachers, providing school-houses, with their 
appurtenances, furniture, Ijoolcs, maps, and apparatus, is paid by 
4Droperty and income in proportion respectively to the amount of 
each m value, and those, on whose contributions the mraintenance 
of the schools depends, are neither allowed to judge of the extent 
of the provision required for the objects referred to, nor to have 
any voice in the selection of their teachers, those provided by the 
State being employed under the direction of an authority indepen- 
dent of them. These features of the sy^em, are in a great de* 
gree, irreconcilable with the spirit of our political institutions: but 
the committee believe that public opinion may he stimulated to a 
just conception of the importance of making^more ample provision 
for teachers, and thus supplying a deficiency, apart from which our 
^ysieai of popular instruction would be equal in eflUciency, as it is 
now superior in extent^ in proportion to oar population, to any 
other in the world. 

Common school instruction in this state existed a long time up* 
on the foundation of voluntary private contribution before it was 
recogfiised and reduced to a system by public law. The result 
was to put in reqiiisition the services of large numbers of persons, 
who by long practice had become familiar with the business of 
teaching; and it is, doubtless^ to be ascribed, in no inconsiderable 
degree, to ihis circumstance that the necessity of making some 
provision for the education of teachers was not felt at the time 
the common school system was established. 

Although this important subject had been repeatedly recommend- 
ed to the attention of the Legislature by several of the Governors 
of this State, no provision was made by law, in conformity to 
these recommendations, until the year 1827, when an act was pass- 
ed adding to the capital of the Literature Fund, the sum of one 



hundred and fifty thousand doUars, fop the avowed objeel of prtK 
moting the* education of teachers. But a9 the annual ifncome of 
the Literature Fund ha» bee» heretofore distributed amoag the 
academies in the State^ without any restriction as to Us appfics^ 
tion^ it has in tery few itietances been devoted to the object ii> 
view of the law. To this remark there are, howerer^ several ex- 
ceptions^ ■ The St. Lawrence, Oxford and Canandaigua academics- 
have each esfabBshed a coarse of lectures and exercises for the 
preparation of teachers; and such has been their success with a ve- 
ry limited contribution from the pabKc treasury, that an aogmenta- 
tion of the means of some of the academies, i» obvious^ all that 
U necessary to reader sveh a course of instruction of kiestimable 
value to the eommon schools of the State. In the neighborhood 
of St« Lawrence Academy, the school districts are almost entirely 
supplied with teachera edocated at that Institution > and so bene' 
ficial has been tlie effect of introducing into the schools a better 
class of instructora, and more efficient plans of instruction, that 
the compensatioa of teachers is already, on an average, from thir^^ 
ty to forty doUars per annum more than it was before the acade- 
my had established a department for training them. The influence 
of these measures upon the public opinion of a small section of the 
country, furnishes the strongest ground of assurance that it is ne- 
cessary only to extend them in order to produce the same results 
on a more extensive scale. 

It may not be improper to remark that the question of creating 
separate seminaries for the education of teachers has been repeat* 
ediy before the Legislature, but after full examination it was deeoo' 
ed more advantageous to engraft upon the existing academies de- 
partments of instruction for the purpose. 

This may now be considered the settled policy of the State; and it 
will, therefore, be necessary only to inquire in what manner it can 
best be carried oat to its results. 

The act of the 2d of May, 1834, authorises the Regents of the 
University to distribute the excess of the annual revenue of the 
Literature Fund, or portions of it, over the sum of twelve thou- 
sand dollars, '*if they shall deem it expedient, to the academies 
subject to their visitation, or a portion of them/' to be expended 
in educating teachers of common schools; and it is made the duty 
of the trustees of academies, to which any distribution of money 
shall be so made, to apply it to the purpose specified '^in such man* 
ner and under such regulations as said Regents shall prescribe.^ 

The Regents are, therefore, entrusted with an unlimited control 
over such portion of the excess of the revenue of the Literature 
Fund as they may think proper to appropriate to the purposes of 
the law last quoted; and as this is the first instance, in which the 
contributions of the State to this great object have been accom- 
panied with such a delegation of authority as is necessary to en- 
sure its execution, it appears to the committee that a most import- 
ant and delicate duty is devolved on them. The first step towards 
the execution of the plan adopted by the Legislature, fpr the edu- 
cation of common school teachers, is now to be taken. We are to 



No. 70.] ' 85 

lay the foundations of a system, which may become an essential 
part of our plan of common school instruction, and which, if pro- 
perly organized, may be the means of remedying existing deficien- 
cies, and elevating the standard of education to a grade in some 
degree commensurate with the high responsibilities which the con- 
stitution of this State has cast upon its citizens as incidents of the 
condition of citizenship. If we are successful, the foundations, 
which will now be laid, may hereafter be made to sustain a sys- 
tem adequate to the wants of all the common schools in the State. 
The point, therefore, which of all others the committee deem it 
indispensable to secure, is efficiency in the departments to be crea- 
ted. The funds at the disposal of the Regents being limited in 
amount, th^ aim of the committee has been, to devise such mea- 
sures as, on a limited scale, would be most efficient. The sum in 
the treasury applicable to the object expressed in the resolution, is 
ten thousand and forty dollars and seventy-six cents; and the annual 
excess of the revenue of the Literature Fund, after distributing 
twelve thousand dollars to the academies, as required by the act of the 
22d April, 1834, will amount to about three thousand five hundred 
dollars. The sum first meniioned is now applicable to the establish- 
ment of departments of instruction for common school teachers in 
the existing academies; but it is obviously too small to admit of a 
general distribution among them; and if it were adequate to the es- 
tablishment of a department in each, the annual surplus of revenue 
applicable Vo the support of those departments would be too small, 
when divided among so great a number, to be of any practical utili- 
ty. It has appeared indispensable to the committee, therefore, 
that the academies selected lor the purpose should be limited in num- 
ber. If departments can be established, in which even a small num- 
ber of teachers can be well prepared for the business of instruction, 
the TOods effects which would result from the improvements they 
would introduce into the common schools, would be likely to be- 
come so manifest as to lead to more enlarged provisions for the 
purpose of extending the benefits of the system. The committee, 
therefore, as they have already observed, deem it of the utmost 
importance that the departments to be organized should be put on 
such a footing as to ensure efficiency to the extent of the means at 
the disposal of the Regents : that the end proposed should be to 

f prepare a limited number of well educated teachers, rather than a 
arge number with inferior qualifications. This end must neces- 
sarily be attained by selecting for the purpose a limited number of 
academies. At the same time the public convenience would de- 
mand that the number should not be too limited, but that one 
should be within the reach of everv county in the State; although 
it is manifest that the efficiency of the departments will be in the 
ratio of the sum expended on their organization, and the amount 
annually contributed to their support. The least number, which 
could, perhaps, be selected consistently with the general conveni- 
ence, would be eight, or one in each Senate district ; and the 
committee are of the opinion that eight might be maintained with- 
out putting at hazard the great object of rendering them equal to 
the preparation of well instructed and competent teachers. 



8« [Senate 

The committee are aware that the establishment of these de- 
partments ou the most favorable footing will not remove every 
difficulty; that there are others inherent in our system of commoa 
school instruction, which may not be so easily obviated. The in- 
habitants of school districts have, through the trustees, who are 
elected by their suffrages, the selection of their teacher and the 
regulation of his wages: and if the State were to prepare a suffi- 
cient number of teachers to supply all the districts, there would be 
no absolute certainty that they would find employment There 
would be no probability that they would find, after devoting the 
best part ot their lives to the business of teaching, a provision for 
them in their old age. 

With regard to the first difficulty referred to» it may be safely 

" calculated that the people will, when the good effects of improved 

modes of teaching are brought directly under their observation, 

make more liberal contributions to the support of competent 

teachers. 

With regard to the second, there is good reason to doubt, so far 
as the public is concerned, whether in the end a provision of law, 
which holds out to any class of men the assurance that they will, 
at all events, be employed or supported for life, would be salutary 
in its effects. The greatest stimulus to improvement is, unques- 
tionably, the necessity of arduous and unceasing exertion. Places 
of trust, in which the incumbents are permanent, are not,' as a ge- 
neral rule, those which are best administered. The efforts of the 
incumbents arc most likely to be fresh and vigorous, when they 
are in danger of being displaced by other individuals of superior 
qualifications, and when the tenure of office is made to depend on 
the ability with which its duties are discharged. If, therefore, the 
compensation of teachers were equal to that of other employments, 
the public end would probably be as well answered as by securing 
to them an unfailing provision for life. 

It would be extremely difficult, even if it were desirable, under 
our institutions, to make the system of public instruction compul- 
sory by subjecting it wholly to the regulation of the government: 
and it must be admitted that this is the feature of the Prussian 
system, from which it derives its principal efficiency. The occu- 
pation of teachers must, therefore, necessarily be with us some- 
what less certain: and it will require stronger persuasives to in- 
duce individuals of competent abilities to enter into and pursue it 
as a permanent vocation. This is an inconvenience, for which there 
is not, perhaps, a perfect remedy, although it is conceived, that it 
may be, in a great degree, obviated by the adoption of measures, 
which will secure to them a better compensation for their services. 

Much may undoubtedly be done by providing for the education 
of a certain number of individuals, and by sending them abroad 
among the common schools to raise, by the exhibition of the im- 
proved methods, which they have gained, the standard of educa- 
tion to the level of their own superiority over the great mass of 
common school teachers. In this manner the inhabitants of school 
districts may, and doubtless will, in most cases, be led to make 



No. 70.] 87 

more enlarged and permanent provision for those to whom the in* 
struction of their children is entrusted; and to the adequacy of 
these provisions the standard of education will acquire and main- 
tain a uniform and certain relation. 

The committee, then, would recommend that one academy in 
each Senate district be selected for the purpose in view, and that 
the selection be made from those, which, from their endowments 
and literary character, are most capable oif accomplishing it. The 
object to be attained is public, and the interest of one academy or 
another can not properly be taken into consideration, with a view 
to influence the choice which may be made from among them. 

Should this recommendation be adopted by the Regents, it will 
remain only to consider: 

1st. On what principle the funds applicable to the establishment 
or organization of the departments shall be apportioned to the aca- 
demies, which may be selected for the purpose; 

2d. On what principle and to what extent the annual excess of 
the revenue of the Literature Fund applicable to the support of 
the departments, shall be apportioned to the academies in which 
they may be established; 

3d. What shall be the organization of the departments. 
I. As to the course (or subjects) of study, 
II. As to the duration of the course, 

III. As to the necessary books and apparatus; and 

4th. What evidence of qualification to teach shall be given to 
the individuals, who may be trained in the departments. 

These subjects will now be considered in the order in which 
they are stated. 

1st. On what principle the funds applicable to the establishment 
or organization of the departments shall be apportioned to the aca- 
demics, which may be selected for the purpose. 

As a general remark it may be observed in this case, as it has 
been already aaid in relation to the selection of the academies, 
that the object in view is public, and that the only legitimate con- 
sideration is, in what manner it can best be attained. Under this 
view of the subject, no embarrassment can arise as to the question 
of allowing the academies which may be selected, to participate, 
in ratio of their respective wants, in the funds to be applied. The 
departments should all be placed in their organization on the same 
footing: they should have the same apparatus, and be provided, in 
all respects, with equal facilities for commencing the contemplated 
course of instruction. It may, and doubtless will, happen that 
some of the academies will be found in better condition than others 
for commencing such a course, and to render the departments 
equally efficient, it may be necessary to apportion the funds ap- 
plicable to their establishment in unequal sums among the acade- 
mies selected. It will, therefore, be advisable, after fixing upon 
the apparatus, maps, &c. which may be required, to ascertain how 
far the academies arc provided with them, and to distribute the 
funds with reference to the deficiencies which may be found to 
exist. 



88 [Senate 

The funds now in the treasury applicable to the object, amount 
to (10,040.76; but of this sum the committee are of the opinion 
that not more than 94,000 should be applied to the establisnment 
of the departments. The sum of 9500 for each, will, it is believed, 
be adequate to the object in most cases; and as some of the aca- 
demies may not require so large an amount, a surplus may remain 
and be applied to deficiencies in others, or carried to the fund ap- 
plicable to the annual support of the departments. 

If the sum of 94,000 only be appropriated to the establishment 
of the departments, a surplus of about 96,000 will be left for fu- 
ture uses; and for reasons, which will be hereafter explained, it 
may be important to keep on hand an annual surplus to meet any 
deficiency in the revenue of the Literature Fund in succeeding 
years. 

2d. On what principle, and to what extent the annual excess of 
the revenue of the Literature Fund applicable to the support of 
the departments shall be apportioned to the academies, in which 
they bay be established. 

If the departments are to be maintained at all, it is necessary 
that there should be apportioned annually to each of the acade- 
mies, in which they shall be established, in addition to the amount 
to which these academies will be entitled under the general annu- 
al apportionment, a sum as nearly adequate as possible to the sup- 
port of a competent instructor. The largest sum which can be 
regularly apportioned to each, is four hundred dollars; and it is 
conceived that each of the academies referfed to, should receive 
that sum annually, without reference to the number of pupils in 
training. 

With such a permanent provision the object of the academies 
will be to render the departments efficient, rather than to secure 
the greatest possible number of pupils. The rule suggested ought 
not to be carried to an extreme; and if, m the course of time, any 
academy should be found, without good cause, to have failed in 
promoting the object in view to a reasonable extent, another 
should be selected and substituted for it, so that the public munifi- 
cence may not be expended in vain. If, after appropriating to 
each of the academies the sum above mentioned, a further sum 
could in any year be safely apportioned to them; the most equita- 
ble rule would seem to be, to distribute it in proportion to the 
whole number of pupils in training for common school teachers, 
and to the aggregate length of time in such year, during which 
they shall have been so trained according to the prescribed plan. 
It is on a similar principle that the greater part of the revenue of 
the Literature Fund is now distributed under the general law; 
and, after securing a proper degree of efficiency in the depart- 
ments to be created, there- can be no reason to apprehend incon- 
venience from stimulating the efforts of those who nave the direc- 
tion of the academies, to augment the number of their pupils and 
thus to extend, as widely as possible, the benefits of the system. 

The proposed sum to be apportioned annually as above suggest- 
ed for the support of instructors in the eight departments, is three 



JJo. 70.J W 

(ihousand two Tiundred dollars; and this is about as much as can 
be rcgiriarly applied ^o 'the oisject. The capital of the Literature 
Fund amounts to #2^2)573 .10; and the annual income will not 
' fall short of 91^,500. Of the last mentioned sum 812,000 must be 
apportioned to ail fhe academies subject to ^he visitation of the 
ftesents pursuant to the act of 22d April, 1834, to be expended 
«nder the direction c^ the trustees, towards paying the salaries c^ 
tutors. 

Only f8,500 wHI, therefore, remain *to be appKed annaally to 
the support of the departmeifts for the ioslructien of <K>m]noR 
school teachers. 

It is true that there wiU be on 'hand, Btfter ^applying M^OOO to 
Khe organizfllion of those departments, about 1^,000 applicable to 
their support, fitit it 4s to ee considered that a large portion of 
. the capital of the Literature Fund, consists of bonds and mortga- 
ges, on w4iich the interest is not always regularly paid, and it is 
desirable to 4eep in the treasury a surplus of a few thousand doI« 
lars, to meet in future years any deficiency, which may grow oirt 
of stich irrega4ar payment of lAterecrt: for it is of the greatest im«- 
portance that the academies, in which the departments are esta* 
Uished, «hoitld never be disappointed in the anticipated annual 
oontribotion to the support of the instructers of ikose departments* 
By the arrangement suggested, the contribution will be rendered 
certain: and should it be tleemed safe -at any fature time to distri- 
bute a portion i^rf the surplus on hand, after paying out three thou- 
sand two hundred doHars for the support of instructors, such dis- 
tribution might be <nade on the principle before suggested, and the 
amount so distributed applied to the purchase of i>eoks, br to sucii 
other objects as the Regents might designate. 

It is aiso to be observed that under the act of 22d April, 1884, 
applications may be made from other academies for a portion of 
the excess of the revenue of the fund, for the purchase of philoso- 

Ehieal and chemical apparatus, &c — and, although the Regents 
ave by that act a discretion as to making any application of such 
excess to the object referred to, it may be desirablein some cases 
to have funds at command for the purpose. For this reason also, 
it is important that the whole surplus on hand should not be ex- 
pended! 

3d. What sliaR be the organization of the departments. 

h ^s io the course (s?* stdjects) of study. 

In determining the course of study^ the committee have thoaght 
it proper to designate as subjects to be taught, all which ttiey 
<Iceai if^tspensable to be known by a first rate teacher of a com- 
mon school. 

In fixing a standard of requirement in any pursuit, it is always 
desirable to raise it as high as possible; for the qualifications of 
those who follow it, will incline to range below' and not above the 
prescribed standard. . In this case, as the principal object is to in- 
fluence public opinion by exhibiting the advantages of that practi- 
cal skill, which may be gained by proper training, care should be 

{Senate, No. 70.] 12 



W fSfilCATT 

talen that ttloso wHo are relied od^ ^ exert cKe rofiiieDee yeferred 
to; should be made fully adec|pate to the task 

In aeieci acbooki in our cities a»d large lownsv qpetifieirfioM of 
a BCitt higher grade than those in coDtcaipkitio» fov eomaioo achoot 
teuefaer»v may be required;: but as- it is no^ intended wiiH regard 
to (he latter to dispense^ vfiih any essential* branchy- so it is not io- 
tended> lo exact any thing, which is not indispensable^ If the sub* 
jects, which they will now proceed to state »a their proper order^ 
be taught in such » manner and to such an extent a» to be ibxh- 
roughly uncferstood by the pupils^ the commiltee feetconfidant that 
the course will be found equal to the object to* be obtained.. 

It is proper to- premise, howeveVr that do iodividttal should be* 
admitted to the tieachers departnienl until he shaU have passed 
such an examination as^ia required by the- fottowing extracts froi» 
the ordinance of the Regents of the University to entitle atudenta 
to be conaidered schokira ia the higher branches' of EagUsb-edu*- 
eatioDr 

*' No studimta, m angr such academy ^ shall be considered schoJnra 
in the higher brafK:hes of English educalioiir wiithin the meaning of 
this ordincmee, untik they shall^ od> examination duly made, be- 
found ia kofver attained to such proficiency in* the arts of reading 
and writing, and to herve acqcared such knowledge of the elemea* 
tary rulea or operations of aridMielie,- commonfy callbd aelalion, 
addition, sobtrapctbn^ mul^lication and division, as well in their 
compound as ia their simple format and aa wett ia vulffur and deci- 
mal fractions as in whole numbers, together with such- knowledge- 
of the part? of arithmetic, commonly called reduction, practice, the 
single rule of three direct, and simpliB' interest, aa ia usually acqui- 
red in the n^edium^ or average grade of common schools in thia 
State; and until they ahaK also^ on such examinaliao,, be found to 
have studied so much of English grammar as to be able to parse- 
correctly any common prose sentence m the English hinguage, 
and to render into good SngKsh the common examples of &d 
grammar given in Murray's or some other tike grammatical exer* 
cises; and shall alsa have studied^ ir> the ordinf^ry way,, some book 
or treatise in geography, equal in extent to the duodecimo editioD 
of Morsel's, Cuniarings', Woodbridge'^s or WiUet'ii geography^ aa 
now in ordinary maeJ^ 

Subjects of study — 

1. The English Language^ 

2. Writing and Drawings 

3. Arithmetic, Mental and Written; and BcMyk-keeping. 

4. Geography and Greneral History, combined. 
ft. The History of the United States. 

0. Geometry, Trigonometry, Mensuration and Surveyingi. 

7. Natural Philosophy and the Elements of Astronomy. 

8. Chemistry and Mineralogy* 

9. The Constitution of the United States and the Constitutios 
of the State of New-York. 

10. Select parts of the Revised Statutes and the duties of Pub- 
lie Officers^ 



1 1. Moral and lirtcUectual Philosophy. 

12. The Principles of Teachfiftg* 

These subjects are not intended to exclude dtlicrs, slioold the 
:iicaden»ies think proper to introduce thenu The Regents ahould, 
tiowever, insist ^liart the foregoing he thoroughly studied^ and that 
they be noit iMowed to gtve way, in any degree, to others; nor 
should any cithers be required in ^N'der to>entitle the pupils to the 
prescribed evidence of qoaiificatjon. 

The oemnnKtee wHI now proceed to stafte fiome of the most iro* 
portanrt -suggestions, which occur to them in relsQtion to the several 
subjects of study enumerated^ not. for the purpose ct pointing out 
«n every case the whote exteilt, to wMch the course is expected to 
he carried, hut to designate certain p»rticut»FS, w4iioh they deem 
most worthy of attcntioik 

The Engliuk Language. — This branch constitiAos ^e most ex- 
tensive, and perhaps the most important, field of instrsction for a 
teacher. Unless the pupil is thoroughly mailer cC his own Ian- 
^age, he c&nnot be a competent instructors The utmost pains 
:8hould therefore ho taken to give him an accurate knowledge of 
it; and the proper process of instruction is that, whidi it will be 
his business to employ in giving instruction to others. 

He should be made lamtliar wi«h the best methods of teaching 
the alphabet and the, steps, by which the chililrcn can bo conduct- 
ed with the greatest facHity, through the first lessons, which they 
recervc. Rules for spelling shogid also be learned, and their ap- 
plication shown, partrcularly in the orthography of compound and 
derivative words, the plurals of nouns, the inflexions of verbs and 
the comparison of adjectives; «nd in these exercises Uack boards 
or slates should be used so that the ey€, as well as the ear, may 
be made instrumental to the correction of errors. 

In reading, the lesson^ should embrace a just enunciation of 
sounds as well as words, and a careful regard to distinctness of 
pronunciation, as well as a proper fulness and modulation of the 
Toice, A clear and correct enunciation is of the highest impor- 
tance to a teacher, whose defects are almost certain to be commu« 
nicated to his pupils; and it is, therefore, indispensable that read- 
ing with criticisms in orthoepy, accent, emphasis, cadence, and 
punctuation should constitute a part of the exercises in this bnemch 
of study. 

The pupil should not only be practised in reading the English 
language with accuracy and distinctness, but he should be taught 
to write it correctly. He should be made thoroughly acquainted 
with its structure, and its idiomatic peculiarities. In addition to 
the ordinary routine of parsing, the principles of universal gram** 
mar should be critically discussed, the structure and philosophy of 
language should be made the subject of a minute investigation, the 
offices, which are performed by the difierent words of a sentence, 
and the rules by which their relations to each other are govern- 
ed, should be explained until the whole subject is thoroughly un- 
derstood. 

Original compositioq, and declamation from the writings of 
chaste authors, are also an essential part of the course; the first 



* »2f [Sevate: 

(or the purpose of facilitating a correct understanding of the Iaw9 
of language, andf the itcqoisitioii of a correct style, and the second 
for the purpose of cultivating a distinct aFticulation as well as a 
refined taste. In both, the utmost care should be taken to select 
subjects on a level with the capacity of the pupils so that his inter- 
est may be kept nMvt and tlie mind not tasked beyond its powers; 
and he should be perpetually cautioned against the error of an af^' 
fbcted or artificiaV manner.^ Nature is always simple, and for thatt 
reason alwa)rs effsctive^ 

In the Kinderhook Acarlemy, in which a department for the 
education of teachers has been recently introduced, a complete- 
eourse of instruetioR' i* the English, language has been adopted^ 
embracing the following details: 

1. Orthography. Sounds <tf Letters* Rules for filing. Spel* 
ling. Words of doubtful or various orthography. 

2. Pronunciation*. 

3. Etymolc^y. Prefixes. Terminations. Derivation and de- 
finitions. Synonymes.- Inflexions. 

4. SyntaXr 

5. Prosody^ in all its parts. 

(L PunctuatioUr Use of Capitals^ Abbreviations^ 

7« Reading. 

8. Composition^ Weekly exercises — topics selected with refer- 
ence to the business of teaching. 

0. Extemporaneous Speaking — subjects connected with the hor 
siness <^ teaching. 

10. Rhetoric. So nMich of Blair's Rhetoric (Mills' edition,) 
as treats of language. 

11. History of the Language, as contained in Johnson's and 
Walker's prefaces to their Targe dictionaries. 

Although the committee have not, in the course of study, de- 
vignated Rhetoric as a distinct branch, they consider it advisable 
that all the academies, in wbich departments are established, 
should introduce so nmch as is contained in the above synopsis of 
the course m the Kinderhook Academy. 

Writing and Drawing. — Every pupil must be able, before he 
leaves the institution, to write a good hand. For this purpose he 
should be made to practise from the besinhing of the course, under 
the personal direction of the tutors, witn the best writing materials, 
and with proper attention to the positions of the body, arm an< 
hand. 

For beginners slates may be used with great advantage, as sag* 
gested in Taylor's District SchooL 

Much may be gained by reducing to writing parts of the pre* 
scribed course, if done with attention to the manner, in which it is 
executed: but in all these exercises the tutors should take care to 
check any appearance of negligence or haste. By a careful atten- 
tion from the outset to the correct formation of the letters, and to 
those circumstances, which must concur to enable one to write 
with freedom, a ffood style of writing may be acquired without the 
least diflUculty; but it will be almost a hopeless attempt if bad 



No, 70.] 93 

habits are contracted before the hand writing is completely form* 
ed. 

Drawing is only expected to bo taught so far as it may be nc« 
cessary for the purpose of mapping. In learning geography, the 
pupils should be required to delineate on the black-board the out- 
lioes of the general divisions of the earth, the different countriesi 
oceans, rivers, &c., and they should afterwards be practised in 
similar delineations, executed with care, on paper. In geometry, 
triffonometry, mensuration and surveying, hnear drawing will be 
inoispensable, and the tutors should study to convert these exer- 
cises to the best use. 

Arithmttk. — ^In this branch the pupil must be thoroughly instruc- 
ted in the four ground rules of arithmetic, as well in their com- 
pound as in their simple forms, and as well in vulgar and in deci- 
mal fractions, as in whole numbers, the single rule of three, to- 
gether with reduction, practice, interest, fellowship, barter, &c., 
so that the course shall be at least equal in extent to that contained 
in DabolFs Arithmetic. In all the operations performed by the 
pupils, black-boards should be used for demonstrations and illustra- 
tions, and every lesson should be explained until the pupil compre- 
hends it thoroughly. In nothing is the dependence of one step on 
another so complete as in the science of numbers: and if the pupil 
leaves behind him any thing, which he does not distinctly under- 
stand, his progress must always be difficult, and the result of his 
calculations uncertain. In facilitating a clear perception of abstract 
numbers and quantities, visible illustrations should oe liberally em- 
ployed. Mental arithmetic may also be advantageously resorted 
to, and, indeed, may be deemed indispensable, as a discipline to 
the mind. To all these exercises a practical direction, should as 
far as possible, be given by selecting as subjects for practice those 
familiar operations of business, with which the pupils must be con- 
versant in after life. Thus the mind may be strengthened by the 
same process, which is storing it with useful information. 

A knowledge of arithmetic enters into so many of the common 
operations of life, that it is not only an essential part of the most 
ordinary education, but it should be so thorough that an application 
of the rules of the science may be made with ease and certainty. 
As a mental discipline also the study is of great value; and it 
should be so conducted as to secure all the benefits, which it is capa- 
ble of producing. The aim should be to make it an exercise of the 
reasoning faculty, and not, as it has usually been, a mere exertiT)n 
of memory. A facility in performing the operations of arithmetic 
may he acquired without a distinct understanding of its pi'inciples; 
but to render sure and easy an advance into the branches of mathe- 
matics, for which it is a necessary preparation, a clear and fami- 
liar knowledge of principles is indispensable. 

Book-keeping, — A simple course ot book-keeping should be taught 
in every common school, and it is, therefore, an essential part of 
the coarse of instruction for a teacher. 

The method pursued in the St. Lawrence Academy is, perhaps, 
as concise and as likely to be successful as any that could be de- 



M [Sknatc 

vised. The system contained in the first part of Preston's Book- 
keeping is taken as a guide. '' The pupil is first taught to rule his 
booK, and is then required to carry his slate to the recitation room 
ruled in the same manner. For several of the first lessons, exam- 
ples of accounts are taken where the articles delivered are charged 
directly in the individual's account The teacher then reads the 
several charges, which the scholar copies on his slate: and the 
scholar is required, as an exercise in writing, to transfer the ac« 
count to his book. The teacher then proceeds with the charges in 
the short specimen of day-'book entries, giving as many at one 
lesson, as the scholar will be able to trans^r with care, in the al- 
lotted time, to his day-book. When the several charges are copied 
into the scholar's day-book, he is required to post his book.'' 

In this manner a sufficient knowledge of book-keeping for ordi- 
nary purposes may be readily acquired, and the student may im- 
prove as much in penmanship as though he had passed his whole 
time in writing after a copy. 

Geography and General History. — Geography, to be profitably 
studied, must be continually explained by maps and the globe. 
Neither the artificial nor the natural divisions of the earth, nor the 
proportions, which its several parts bear to each other and to its 
whole surface, can be readily comprehended without having re- 
course to visible demonstrations. To young pupils there is a diffi- 
culty, even with the aid of maps and globes, in communicating a 
distinct conception of the positive or relative magnitude of difierent 
countries, or the remoteness of difierent places from each other. 
Much depends on minute and patient explanation, especially in that 
part of geography, which treats of the physical divisions of the 
earth, including continents, peninsulas, islands, oceans, lakes, rivers, 
mountains, &c.n 

Physical geography, or that part of the description of the earth, 
which treats of its natural features, is of great interest and impor- 
tance; the more so, as with it are necessarily interwoven matters, 
which in strictness belong to the department of astronomy. The 
figure and motions of the earth; the causes of the variation in the 
length of the days; the seasons; the principles upon which the 
topics, and polar circles are drawn at their respective distances 
from the equator; the general features of the earth's surface, em- 
bracing a knowledge of the influence of elevation above the sea 
upon temperature, climate, productions, &c.; a description of volca- 
noes and earthquakes; the various theories relative to the causes of 
eruptions and shocks; the atmosphere, winds and their agency in 
the distribution of heat and moisture, embracins the subject of rain« 
fogs, dew, hail, &c.; the theories relative to tides; a description of 
the most remarkable currents in the ocean; and all those natural 
causes, by which the condition of the various parts of the earth 
are influenced, should be briefly but clearly and carefully explain- 
ed. 

In this branch will also be included a general knowledge, of ihe 
geological structure of particular regions and their most remarka- 
ble productions, animal, mineral and vegetable. In the St Law- 



No. 70.] 05 

rence Academy the whole subject of physical geography is syc* 
tematically and critically discussed, commencing with the '* his- 
tory of the science and the adaptation of the objects it embraces 
to awaken interest by their endless diversity/* and running 
through the details of the science in a complete course of seven* 
teen lectures. 

With a description of the diflferent countries of the earth, some 
account of their inhabitants, forms of government and religion, and 
their general statistics must also be united. Nor will this suiSce 
to render the view complete. We must not be content to see the 
earth and its possessors as they are. We must look also at what 
they have been, through the lights of history. A general idea of 
the progress of each country from in&ncy to age, from weakness 
to power, or from dominion to servitude, should be acquired; their 
most distinguished men and some of the most remarkable events, 
which have accompanied their growth and decay, should be point- 
ed out, and a cursory survey of the whole earth, in its relations 
both of time and space, should be taken by the pupil. The un- 
dertaking may seem arduous, but it may be executed, under judi- 
cious direction, with much less time than would be supposed ne- 
cessary to accomplish it. The course of history should be equal 
to that contained in Ty tier's Elements of General History, ancient 
and modern. 

The course in geography should not be less in extent than that 
contained in Woodbridge and Willard, the volume in general use 
in the common schools. The course should be accompanied with 
copious illustrations by lectures, and by reference to larger works, 
so that the pupils may be made familiar with the sources, from 
which they may be able to enrich the instruction they may them- 
selves give when they become instructors. 

Hhtory of the United States. — The history of the United States 
is so essential, that it may justly be treated as a distinct branch of 
study. In this, a mere outline is not sufficient. The pupil should 
understand, in all its details, the history of his own country. He 
should begin with its discovery and first setilement, and trace it 
through the various stages of its colonial dependence to its eman- 
cipation from, the control of the mother country. In the charac- 
ter of the men, who stood foremost in the contest for independence, 
the measures of provocation, by which they were roused to resist- 
ance, the trials through which they passed, the reverses which they 
sustained, the triumphs which they achieved, and the great politi- 
cal principles which were vindicated by them, there are lessons of 
instruction not inferior in value, to any which can be drawn from 
the history of any other age or people; and if the mind of every 
youth can be made familiar with them, and his feelings imbued with 
the moral which they contain, no better security can be provided 
against the degeneracy of that unconquerable spirit, in which the 
foundations of our freedom were laid. 

Geometry^ Trigonometry^ Mensuration and Surveying.-^The 
committee regret that they cannot refer to any single work, which 
contains such a course on all these subjects as they deem necessa- 



96 [Senats 

ry. The vrorks on each separate subject are in general too exten- 
sive for the purpose in view. The course should be altogether 
practical in its character, and should be divested of every thing su- 
perfluous. The principles of geometry and tri^onomotry should 
DC so thoroughly understood, that their application may be made 
with facility. The pupils should be able to measure solids as well 
as surfaces with ease; and they should be made so well acquaint- 
ed with the rules of surveying, and the instruments used for the 
purpose, as to be able to ascertain heights and distances, and de- 
termine the contents of a given piece of land, with readiness and 
precision. 

As the committee are unable to refer to any modem work pre- 
cisely adapted to the course required on ail these subjects, they pro- 
pose lo leave the extent of the course at present, to ihe academies^ 
> with the single remark, that each pupil should have such an ac- 
quaintance with each of the specified subjects, as is necessary for 
every practical purpose. 

Jfatural Philosophy and the Elements of Astronomy, — ^The course 
in natural philosophy will embrace a clear understanding of the se- 
veral properties of bodies, gravitation, the laws of motion, simple 
and compound, the mechanical powers, the mechanical properties 
of fljuids, the mechanical properties of air, the transmission of 
sound, and optics. Each academy should be furnished with a 
complete philosophical apparatus, and all the subjects should be 
taught with full illustrations. A practical direction should, as far 
* as possible, be given to the science, by teaching the proper appli- 
cation of its laws to useful purposes. It is from this course that 
those, who intend to devote themselves to mechanical pursuits, 
may reap the greatest benefits; and it is of the utmost importance 
to introduce it into the common schools. The first step towards 
the accomplishment of this object, is to prepare instructors compe- 
tent to teach it; and it is for this reason that it should constitute a 
particular object of attention. 

In connection with natural philosophy there should be a brief 
course of instruction in the principles of astronomy. The nature 
and causes of the earth's motions, the planets and their motions, 
their size and positions in relation to the earth and the sun, their sa- 
tellites, the causes of eclipses, the variations of the seasons, the 
length of the days, the causes of heat in summer, &c., should all 
be made familiar to the pupils. Each academy should be furnish- 
ed with an orrery, a moveable planisphere, a tide dial, and a set of 
globes: and nothing which is capable of being illustrated by appa- 
ratus should be taught without illustration. 

The same apparatus may be employed for the illustration of sub- 
jects connected with physical geography, between which and that 
!>art of astronomy which treats of the earth's motions and the ef- 
ects consequent upon them, there is a very close connection. In 
pointing out some of the subjects, which t>elong to the department 
of physical geography, some of the foregoing have been already 
enumerated, as the motions of the earth, the seasons, tides, &c. 
It is indeed, not always easy, nor is it always necessary, to assign 



lo each science its exact boundaries: so tar as instruction is con«- 
"cernedy the separsition of one from another is df no practical im^ 
portance, so that all the subjects are dearly understood. 

Chemistry and Mineraingy, — ^The course in mineralogy and che* 
fliisiry is nm expected to be carried far. h is iirtended that each 
academy shall liave a smaH cabinet of minerals; and the pupils 
^should be aUe to distinguish the difiereptspecimens/^hich^ should 
'he well characterized, waA to understand deaily their composition 
and distinctive properties. ChemiiTtry should be taught in such a 
fnanner as to efluddate these ditftincftions In the mineral "Ungdom, 
tind to give a correct ImoWledge of the properties of the various 
^bodies and substances, whidh are in most common use; and its ap-> 
plication to agriculture and tlie useful arts, should be made a pro- 
vnineift subject of instruction. Mineralogy is usually "a prelimina^ 
ry of the science of geology; but it is not expected that the latter 
"Will constitute a subject of ^udy, exoetTting so far as it is connect* 
'cd with physical geography, which wnl necessarily embrace some 
account of the structure of the earth,' with a description of the 
principal dasses of rocfes and the mineral and metallic substances 
^with which they are found united. One of the most saliitary effects 
"of combining with elementary education some icnowledge of the 
foregoing subjects, is to guard against the impositions so frequefft^ 
]y practised upon the ignorance of the uninformed in the discover 
ry of some unknown, and dften worthless, substance, to which an 
Imaginary vakie is 'assigned. It is exeedingly desirable to spread 
<x>rrect notions concerning time-sftone, gypsum, and coal, and the 
^ores cff iron, lead, copper, &c. The modes of verifying their com- 
positioff should be made familiar; and it shodd be understood in 
txrhat proportions quantity should be combined with quality in or* 
«der to reward labor. 

Those experiments in ^diemistry, which are merely ^calculated 
to produce brilliant ejects whI<out subserving a useful purpose 
should be laid aside, and others of a more practical vahie substitu** 
ted for them. The course will necessarily be limited, and it should 
possess in utility what it lacks in extent. 

In the foregoing branches there may, and doubtless will be felt 
the want of proper dass books, those in general use not being so 
directly adapted as is desirable to teach the application of the sci- 
ences to practical purposes. The committee trust that the or- 
fanization of the departments may lead to the preparation of suita^ 
!e books on all the subjects, in respect to which they may be 
^wanting: and, indeed, they are encouraged to believe that a work 
^D diemistry will appear at no distant time, the whole aim of 
which will be to show the application of the science to the useful 
arts. Until these deficiencies shall be supplied, the Regents must 
trust to the academies to extract from the existing works all which 
they may deem best suited to the object? of the prescribed course. 
Noihing, perhaps, can be better calculated to accomplish these ob- 
jects than the preparation of lectures on the differenl subjects of 
study, taking care to illustrate every thing, which is taught, by 

£Senate, No. 70.] \Z 



9» {Si 



demonstrations aod cxperimentsi So fiir as instruction is carried^ 
it should be thorough and clearly onderstoodv 

Tke Constitution of the United Stuies and the ConHituthn of ther' 
State of JfeW'-York.^-^l^very citizenr in order to exercise discreet^ 
ly and inteHigently the right of suffiniffc^ upon- which questions of 
constiUitional power are frequcntfy dependent, must understand 
the provisions- of the constitution of the ITnifed States and the con» 
stitution of bi»own State ;^ and there cannot perhaps, be a better 
nuxic of attaininff the object than to require each pupil to stake a 
brief analysis of both. With regard to the constitution of the- 
United States, he should be required* to specify the qualificaiaona 
and disabitSties of the members of the Senate andHoase of Repre- 
sentatives, the rights and privileges of each- house^ the powers of 
Congress, the powers^ prohtbtfed and reserved to the States, the 
limitations of tne legislative, judicial and executive authorities, and 
the manner, in which the varioua officers of the government are 
respectively chosen or appointed. In short, all the proviaions of 
the original instrument and of the successive amendmenls,. which 
have, by virtue of the proper ratifications by the SlateSrbeeome a part 
of it, should be thoronghly understood by the pupiL In like manner^ 
he should know the qualifications of the various officers of govern-^ 
ment in his owa Stste; the several divisions ef authority proTided 
by the constitution; the organisation of the iesisbtive, judicial and 
executive departments; the powers respectfully allotted to them; 
the rights of the citizens; and for the purpose of impressing strong- 
ly on the mind these fundamental prineiplef and provisions of law, 
which every citiaen owes it to the public and himself to under* 
stand, the Pttpil should be required to make an analysis of the con- 
stitution or New-York, which should be carefully examiaed by the 
instructor. In pointing out tlie principal and mcrst important pro* 
visions of both instruments, so far as they confer power, or re- 
strain its exercise, the reasons on which the ^rant in the one case or 
the prohibition in the other is founded, shc»ttld be clearly explain- 
ed. Questions of disputed right growing out of the provisions of 
either instrument, had better be passed by; but, if tkey are made 
a subject of comment, the arguments on both sides should be fairly 
stated. Schools for popular instruction depart from the end of 
their institution, when they are made subservient to the propaga- 
tion of particular tenets on any subject, which is open to a diver- 
sity of opinion. In every matter, which enters of necessity' into 
the proposed plan, it should be the aim of the instructor to furnish 
his pupils with all the materials for forming unprejudiced opinions^ 
but to leave their minds free from all bias. 

« Select partn of the Revised SiatuteSf and duties rfpubSe opcers. 
«— A compendious work on the duties of pubKc officers was publish- 
ed a few years since at Utica, and it embraces all that the cnm* 
mittee deem requisite under this head. It is hardly necessary to 
add, that under a form of government which throwa o|)en to all 
its citizens the avenues to political power, it is important that all 
shoolJ have, in early life, a general knowledge of the duties which 
they may be called on to discharge, or over the faithful perform* 



No. 70.} «• 

-anoe af which, by others, it will be their prorince^ln eornmra with 
their fellow citizens, to exercise a constant supervision. 

Appended to the worit referred ^o, there ts a short treatise on 
the domestic relations, which may properly be coosidered as an 
•ezpc.sition of the eighth chapter of the -second part of the Revised 
Statutes, and is all that is necessary on this particular subject 
There is also an article on wiRs, and another on executors and ad- 
mioistrators. It is to be regretted, that a wof'k oentainiog the 
most important principles of civ^l and criminal jurtspradence, can- 
not now be referred to, as proper to be used for the proposed 
irourse. Until such a one shall be prepared, the prindpafs of the 
academies should be charged with the duty of ettractinff from the 
Revised Statutes, such portions as will show the particulars neces- 
sary to give validity to conve^nces, the time limited for com^ 
mencing suits, the rules relative to fraudulent conveyances and 
x^ntracts as to goods, chattels and things in action, «nd the ofien- 
<ces to which penalties are annexed, as contained in Chapter 8d of 
the td part; Tkle 9d, Chap. 7, of the Sd part; Chap, 4th of the 8d 
part, and (%ap. 1st of the 4th part. The aim should be, to ex- 
tract only each portions of these chapters as contain some essen- 
tial fact or principle, without which, the responsibilities or the 
rights of the parties interested in the subject matter, would not 
be clearly apprehended. 

Moral md fnte/leetmat PhBosepky. — The laws which should 
jovern aH men, both with respect to the investigation of truth, 
«nd to the discharge of the duties resulting from the relations 
which they bear to each other, and to the author of their existence, 
should be familiar to every teacher, particularly as his own moral 
character is subject to a periodical examination by the inspectors. 
A knowledge ot these laws is Indispensable to those, whose pro- 
vince it will be, to watch over the development of the moral 
dud intellectaal faculties, and direct them to their proper objects. 
The study itself is not only valuable as a discipline to the mind, 
tnit as a means of acquiring an influence over the minds of others. 
Although a facility for distinguishing the shades of character which 
exist in those with whom we are brought into contact, and thus 
ascertaining how far, and how readily they are likely to be actu* 
ated by particular motives, can only he gained by continued expe* 
rience; our progress may be aided by attending to the, principles 
which enter i^to the mental constitution of all mankind. 

Dr. Abercrombie^s treatise, entitled, '* Inquiries concerning the 
intellectual powers, and the investigation of truth," is well adapted 
to give a dear and correct conception of that part of the subject; 
and the five first books of Paley^s *^ Principles of Moral and Potiti- 
<:al Philosophy,** wiH suffice for the other part of the course. In 
general, the subject matter of the latter^ » more practical, and bet« 
ter calculated to delineate with accuracy ** the oflioes of domestic 
life,'' than most of the popular treatises on the same subject; and it 
has an advantage over them, in giving an explanation of some of 
the obligations resulting from the rights of property, and from con- 
tracts with regard to its transfer and use. 



itO [8 

« 

TTie political part of the work, or the sixth- book, should aot^ for 
▼arious reasons, be made a* part o£ the course. Of these, it is per— 
kaps, only necessary to assign a single one,: — the obvious objec-^ 
lion of making the coarse too extended. 

. The family library edition of the former, and seyerat school edi- 
tions of the latter, have each appended to them^ a series of ques- 
tions upon their respective contents, lor the exanunatioa of stu-^ 
dents. 

The Principles of Teachijtg.'^n this branch, instruction must be 
thorough and copiousw It must not be confined simply to the art 
of teaching, or the most successful methods of communicating 
knowledge, but it must embrace also those rules of moral govern- 
ment, which are as necessary for the regulation of the conduct oC 
the teacher as for the formation of the character of those who are 
committed to his care. 

Although this branch of instruction is mentioned last in the or* 
der of suDJects,^ it should in fact run through the whole course,. 
All the other branches should be so taught as to be subservient ta 
the great object of creating a facility for communicating instruc* 
tion to others. In leaching the principles of the art^ it would be 
desirable to make Hall's Lectures en Scbook-Reepiog, a text-book;, 
and Abbott's Teacher, Taylor^s District School,' and the AnoaW 
of Education, should be used as reading booksi for the double pur* 
pose of improvement in reading the Enslish language, and for be* 
coming familiar with the most improved modes of instruction and 
the best rules of school government. From^ the Annals select parts 
only would be chosen for the purpose. 

. The 4>upils in the departments should be practised in all that caD 
devolve on a teacher. It is of the first importance that they should 
be made, each in turn, to conduct some part of the recitations, to 
prepare proper questions on the particular subject of study, aad to 
illustrate it by explanations for the purpose of improving their rol* 
loquial powers, and thus giving them a facility for explaining wliat* 
ever they may be reouired to teach in the future office of instruc- 
tor. The tutor should then go over the whole ground after them^ 
pointing out their errors or delects, and giving them credit for 
whatever may appear to merit commendation. In this manner the 
future teacher will readilv acquire a facility for communicating; in- 
struction, which is one of the highest elements of his art 

In all these exercises the language of the pupils should be watch- 
ed and criticised, every want of perspicuity pomted out, and a ri|^d 
conformity to the true standards of etymology and pronunciatioa 
insisted on. At the same time every thing artificial or affected in 
tone or manner should be studiously avoided, and the pupils should 
be taught that elocution is always effective in proportion as it is 
natural and unconstrained. 

It has been customary in the examination of teachers, with a 
view to determine their qualificatioits, to ascertain only whether 
they possess a proper knowledge of the subjects, in which they 
are expected to give instruction. But although this is in general 
the only object of inquiry, it is in fact a very erroneous criterion 



No. 70.] 101 

of their ability to teach. The possession of knowledge does not 
n'jcessarily carry with it the faculty of communicating knowledge 
to others. It is for this reason that the best methods of imparting 
instruction, should be itiade a subject of instruction to those who 
are preparing themselves for the business of teaching. They 
should know bow to command the attention of their pupils, to com* 
municate the results of their own researches and expeiience in the 
manniT best calculated to make a lasting impression on the mind, 
to lead their pupils into the habit of examining for themselves, in* 
stead of being directed at every step of their progress by their in* 
strurtor, and thus to ob^rve, investigate and classify objects, to 
combine the fruits of their observation, and draw concluttions from 
the facts which they have obtained. Under such a system of in- 
struction and exercise, the mind cannot fail to gain strength, and 
to acquire that salutary confidence in the result of its own o|)era* 
tions, which is ihe best safeguard against the prevalence of error, 
and against those impositions, which arc almost necessarily the 
fruit m imbibing opinions, without a rigid scrutiny into thenature 
of the foundations, on which they rest. 

In carrying into execution the plan of instruction about to be 
established, it should not be for a moment forgotten by those, who 
are charged with this important task, that the f ibject of education is, 
nn| merely to amass the greatest possible amount of information, but 
at the same time to develope and discipline the intellectual and mo* 
ral faculties. It is in vain that the stores of knowledge are enlarged 
if the skill to employ them for useful purposes be not also acquired. 
At every step, the mind should be taught to rely on the exercise of 
its own powers. The pupils should be required to assi^rn reasons 
for every position assumed in their various studies, not barely with 
a view to give them a thorough comprehension of ihe subject, but 
for the purpose also of cultivating that habit of critical investiga*. 
tion, which is unsatisfied until every part of the subject of inquiry is 
understood. The result of common school education in most cases 
Is to burden the memory with facts anJ rules, of which the proper 
practical application is but imperfectly comprehended. This defect 
18 at war with the spirit of the age, which is to probe to its inmosit 
depths every subject of knowledge, and to convert the results of 
our inquiries to useful purposes. Practical usefulness is the great 
end of intellectual discipline; it should be kept steadily in view by 
the teacher, and he will soon learn that his lesson, when its reason 
aiid its object are presented to the mind of his pupil, will arouse 
ail interest, which, in the absence of this full understanding of the 
subject, he would have labored in vain to excite. 

In the present condition of our common schools much time is 
lost and labor misapplied by injudicious systems of instruction; 
they are fields for collecting facts and details rather than for dis* 
ciplining the faculties. This radical error should be corrected. 
Pupils should be made to think tor themselves instead of treasur- 
ing up merely the results of other men^s thoughts. The great in* 
strument of reform will be to make demonstration keep pace with 
knowledge. Nothing should be left unexplained; nor should any 



« 

thing be allowed to rest on mere authority, excepting where from 
the nature of the subject, it admits of no other foundation. 

tSubjectSt which are susceptible of demonstration, must, howe- 
Ter, not be studied to the neglect of those which are not. First 
principles and certain (classes of facts are of such a nature, that the 
mind can only take notice of them as such, without being able to 
assign the reason of their existence. Separately, they are proper 
subjects for the attention and memory; but not for the reasoning 
powers, until they are considered in the relatious which they bear 
to others. They arc, however, the very materials on which f ho 
mind is to De employed. Nor should it be forgotten that there 
are mental processes depending wh*»lly on an exercise of memory, 
which constitute a valuable intellectual discipline. In cultivating 
the reasoning powers, the memory should niso be strengthed hy 
habitual exertion, and stored with useful facts. The mind cannot 
be brought into complete exercise without a systematic discipline 
* of all its faculties. 

To ainjost every species of instruction the inductive method 
may be applied to great advantage. Nature herself seems to 
teach that the observation of facts should precede induction^ and 
that general principles can only be deduced from particular facts. 
An intelliirent instructor will know how to apply the rule and con- 
vert it to the most useful purposes. 

In determining the proper organization of the departments, the 
committee have fully considered the question, whether the stu- 
dies and recitations should be distinct from the ordinary acsule- 
mic exercises; and althoufl^h they are disposed to leave this, in 
some degree, to the discretion of the academies, yet they are de* 
cidcdiy of the opinion that convenience coincides with good po- 
licy in requiring that pupils, who are in a course of training for 
teachers, should be taught in connection with the other students* 
So far as mental discipline is concerned, both classes of pupils ro 
quire the same mode of training, and to a certain extent the same 
studies will be pursued. Whenever the peculiar duties of teach* 
ers are the subject of study and examination, separate recitations 
will become necessary; and although an instructor is proposed to 
be maintained in each of the departments to be organized, this 
provision should not be deemed to preclude a division of labor, or 
to devolve on the individual thus supported, the task of conducting 
the pupils in a course of preparation for teaching through all the 
studies required to ^ pursued. On the contrary it may be both 
convenient and profitable to assign recitations in different branch- 
es to different teachers, accordmg to their peculiar fitness, and 
thos bring into the most efiicient action the united skill of all. la 
this respect the Regents must rely on the principal of each acade- 
my to make such arranffements as to convert the intellectual force 
under his control and direction to the best possible use in furtlier* 
inffthe great object in view. 

The committee cannot forbear to add that the instructors in the 
academies, with which the proposed departments may be connect* 
ed, should labor to impress on the oiinds of those, who nriay he 



No. 70.] IQSf ' 

preparing themselves for the vocation of teaching, a deep sense of 
the responsibility, which belongs to it. There is, in truth, no oth- 
er, in which a conscientious and discreet discharge of its appropri- 
ate duties can well produce more beneficial or lasting effects. It 
is from the conduct and precepts of the teacher that the minds 
committed to his guidance are destined to receive impressions, 
which may accompany the individuals through life, and give a de- 
termining cast to the character. In his demeanor they may rend 
impressive lessons of moderation^ forbearance, and sell-control; 
from his rules of government they may learn the value of lirmn(*sS| 

1'ustice, and impartiality: or they may find in exhibitions of petu- 
aiice, unsteadiness of purpose, and unjust distributions of favor, a 
license for the indulgence of their own prejudices and passions. 
Nothing is more vital to the successful government of the teacher, 
and to the execution of his plans of instruction, than a steady sell- 
command. The most certain mode of bringing his own authority 
into contempt is to show that he is not his own master. The mo- 
ral atmosphere of the school-room will be pure or impure, accord- 
ing to the conduct and character of him who presides over it. On 
his example will, in no inconsiderable degree, depend, for good or 
evil, the destiny of numbers, whose influence will, in turn, be felt 
by the political society, in the operations of which they are to take 
an active part. The teacher snould be made to feci so sensibly 
the importance of bis position, that Xtttmq be continually present 
to his thoughts, and become the guideiand rule of his actions He 
should bear perpetually in mind that he is the centre of a tittle 
system, which, as time advances, is destined to spread itself out 
and carry with it, for th r benefit or injury of all which it reaches, 
the moral influences imparted by himself. 

It is equally impf>rtant ihat teachers should become acqaainted. 
with their own capabilities, and inspired with the feeling that they 
may, by their own industry, raise their qualifications to any stand- 
ard. The discipline of their own faculties should not terminate 
with the close of their course of preparation. The intervals of 
teaching may be filled up by studies, which will not only bo a 
1 lurce of constant improvement in their vocatfon, but which will 
elevate their own character, enlarge their stock 'of moral and in- 
tellectual power, and render them better qualified for success in 
any other pursuit in life. In proportion as their ability is increas- 
ed will be their chances of procuring prominent situations as teach- 
ers with adequate compensation. Their qaalMications and the suc- 
cessful results of their labors will stand so strongly in contrast 
with those of ordinary teachers, as to create a competion among 
districts which are desirous of obtaining their services, and thus 
secure a competent provision for their support. 

It must be confessed that there is much in the present prospects 
of thosc^ who intend to devote themselves to the business «)f teach- 
ings which is calculated. to produce indifference and to damp exer- 
tion. The vocation does not now ensure constant employment, 
and thereforct is not to be relied on as a certain support; nor does 
it yield rewards at all adequate to its toils and sacrifices. But it 



104 [Sbnats 

is not improbable that more liberal viewt will prevail in relation 
to the rcmuneraticHi of teachers; and it is certain that the most 
efiectual method of bringing about such a change is a course of con* 
duct, and an exhibition of skill on their part, which willelevate 
the character of their vocation, and by making the public mors 
sensible of the vahie of their services, will secure a proportionate 
increase of compensation. Teachers should feel that with«iut a 
deep interest in their occupation they cannot bring into operation 
the talent requisite to d.> thom^iclves justice, and to convince the 
public of the necessity of a higher standard of education. Time 
may be necessary to produce upon the public mind the requisite 
impression, but there is no reason to doubt the result. If in the 
mean time they lose through the narrow views of their employers, 
something of the indemnity, to which thev arc entitled for their 
labors in a most difficult and responsible sphere of action, let them 
n<»t superadd to this loss a sacrifice of their own reputaJon by m 
careless or im|)erfcct discharge of their duties. Let them resolve 
to gain in chara«:ter what they may lose in pecuniary profit; and 
lot them be assured that if any thing can succeed in obtaining from 
the public the justice which they seek, it is a course of ffenemus 
devotion on their part to the great cause of edncation. If such a 
course should fail to win from those on whom they are now de« 
p<!ndent, a corresponding return of benefits, it is to be hoped that 
the time is not far distant when the value of their labors will be 
belter appreciated,, and complete justice awarded to them. 

IK •&» to ike duration of the courte. This is necessarily regu- 
lated by the number and extent of the subjects of study. In the 
Prussian seminaries, in which the requirements for teachers of the 
first grade, are about equal in importance to those which the com'* 
mitteo have proposed for the departments in question, the term of 
study is three years; and they are of the o|iinion that a shorter 
perio<l would not be sufficient for a strict compliance with the con- 
templated course. As has already been observed, the obj^*t in 
view is to prepare teachers of the first grade; and every other 
consideration should give way to this. It should be recommend- 
eii to the trustees of the academies, in which the departments may 
be established, to make the rate of tuition for those who intend in 
good faith to devote themselves to the business of teac^hing, as low 
as possible; and to regulate the terms of instruction in such a man- 
ner, that the pupils in the teachers* department, who are sufEcieot- 
ly advanced, may have an opportunity of taking schools during the 
three winter mouths* They may, by this means, earn something 
to enable them to complete their course of instruction, and at the 
same time improve themselves by making a practical aftptication 
of the knowledge, which they will have gained during the rest of 
the year. To accomplish this object it may be necessary to have 
only two terms per annum of four months each. The pupils must 
not only be required to comply with the entire course, but they 
must understand thoroughly every subject of study before they 
receive a diploma or certificate of qualificatioti. In this respect, 
the Boards, from whom the evidences of qualification are to iaeae. 



Xo. 76.] tW 



pi^actice the gredteit caution. Their own and the j^iibTie li> 
tereat alike demands it. The ilystem 6annot become popdar, Ulr- 
icas it is made equal to Hs objects. A single individual educated 
in one of the proposed departnients, and going forth to'teiich with 
^a diploma, but without the I'equisite moral and inteilecftutti qualift- 
•cations, would do much to bring the whole system into disrepute. 
The Regents should, therefore, insist strongly on the fidelity of 
the academies to withhold *the necessary evidence of qualification 
to teach, from all who are not entirely worthy of it. 

The •trustees and oflicers of the academies which may be select* 
«d, cannot fait to perceive, that a most favorable opportunity wifl 
4>e presented to them for efevating the character and eztendrng 
the reputation of their instittttioas. Whether they succeed iii d6« 
ang so, must depend ^n the fidelity and 2eal with which the pr6- 
-scribed plan of instruction shall be carried itito effect They can^ 
not but perceive also, that if, through the want of proper exertions . 
any one of them should fail to give satisfaction, and thus render ft 
tncumbenrt on the Regents to transfer the department to some oth«- 
«r institution, a duty would devolve on the latter as disagreeabte 
to themselves as it would be prejudicitd to the character of the 
4icademy, in relation to which its performance would be required. 

The committee propose that fuH reports shall be annually made 
hy the academies with regard to the departments. These reports 
should contain the name of every person receiving a diploma, and 
the date, on which it was issued, so that -a complete register of 
thoae, who have passed through the pre&cribed.course of training/ 
will be on fHc with the secretary of the Board for any necessary 
purpose of reference. The reports should also show the condition 
of the departments, as to the number of pupils, the time each has 
been in training, the books in use, the extent to which each hook 
has been studied, the state of the libraries and apparatus, and, in 
short, every thing which is contained in the reports now made to 
(he Regents in relation to other students. They should also ex* 
hibit every thifig which may be calculated to point out defects and 
suggest improvements, and they should be accompanied with such 
observations as may have occurred to the officers of the academies 
in carrying into execution the prescribed plan. The form of the 
report need not differ materially from that now used, excepting so 
far as it may be necessary to embrace new items of information. 
The form accompanied with the necessary instructions, would, 
they have supposed, be most properly prepared under the direction 
of the Secretary of the Regents. 

IIL A$ U the necessary Books and Apparatus. 

JB00I5.— Each academy should be furnished with a library well 
stored with the best authors on the prescribed subjects of study. 
The committee propose to leave the selection of the books for fur- 
tber consideration. A list can be made out on consultation with 
the academies, an.l presented at n future day for the sanction of 
the Regents. As these books will be wanted for examination and 
reference, several copies of the same work will bo required. 

[Senate, No. 70.J 1* 



106 ^IRSSTT 

The eommittee have had under consideration the expedienc}^ of 
designating all the class books iivhich shall be used in the depart- 
ments to be established, or of leaving them to be selected by tbeaca- 
demies: and/ai though they deem it of great importance to reduce the 
course of study to the greatest possible precision^ they have come 
to the GoncIusioD, that it is better at present to adopt the latter 
course.^ The principal consideration, by which they have been 
guided^ is the belief that the Regents may, by allowing the acade- 
mies to make the selection in the first instance^ and requiring them 
to state in their annual reports the books^ which they have used, 
and their reasons for preferring, one author to others in coromoo 
use, be Airnished with the means of making a selection themselves 
at a future day, should it become necessary, for the purpose of se- 
curing entire uniformity. 

At the same time, they would suggest that it will in general be 
found most advantageous to use for the instruction of teachers 
the books, from which they will be required to teach in the com- 
mon schools. Larger and more copious treatises on all the subjects 
of instruction will, it is true, be necessary for the course of study 
in the departments; but the principal use of the latter will be for 
referencer and for the purpose of noore full illustrations than are 
afforded by the smaller works. 

, Jlpparatus. — The following list includes all the apparatus^ an4 
maps, which the conomittee deem necessary at present, with the 
prices annexed so far .as they can be ascertained ^ 

No. 1, Orrery...... $20 Od 

Numeral ^frame and geometrical solids • • 3 50 

Gtebes, 12 oa 

Moveable planisphere, ..••.»••. 1 50 

Tide Dial, 8 00 

Piptical apparatus, ••• • •...•••» •••• 10 00 

Box No. 2, Mechanical powers,. •••• , 12 00 

Box No. 3, Hydrostatic apparatus, •..••••••••••• 10 00 

Box No. 4, Pneumatic apparatus, ••»•»• 85 00 

Box No. 1, Chemical apparatus, ••..«. ...*•• •• 25 00 

100 specimens of mineralogy, 10 00 

Electrical machine, • • • 12 00 

Instruments to teach surveying, ••• ••• 80 00 

Map of the United States,.* 8 00 

Map of the State of New-York, 8 00 

Atlas, • •.«• 5 00 

Telescope, •..••• ..••••.••••.•• 40 00 

Quadrant, , . 15 00 



•S09 00 
The price of the entire apparatus, including maps, for each de- 
partment will not much exceed three hundred dollars, so that about 
two hundred dollars will remain to be appropriated to the pur- 
chase of books for each. 

The apparatus in contemplation of the committee, and aoder- 



No. 70.] lot 

Stood to be the best of the kind, is prepared by Brown & Pieri^ 
of Boston, and may be procured in the city of New- York. 

4th. What evidence or qunlificntion to teach shall be given to the 
individuals, who may be trained in the departments. 

In the Prussian and French seminaries of teachers, difieretit grades 
of qualification are recognized, and the certificates which tne pu- 
pils receive on completing their course of preparation, are framed 
•according to their respective ability to teach. If the departments 
about to be established were to be adequate to supply with teach* 
ers the districts throughout the State, such a distinction might be 
desirable. But as the number of teachers will necessarily be li- 
mited; and as one of the most iilnportant effects to be anticipated 
and desired from the establishment of these departments is to in- 
fluence public opinion, and by an exhibition of improved methods 
of teaching, to correct prcvarling errors with regard to the neces- 
sity of providing such a compensation for teachers, as shall be in 
some degree adequate to the value of their services, all the pupils, 
wlio are in training, should be encouraged to complete the pre- 
scribed course of preparation. The only distinction proposed to 
be taken by the committee for those who have gone through the 
entire course, is between those who are, and those who are not, 
<)ualified to teach: and they deem it proper to entrust the decision 
of this question to the principal and trustees of the academies, in 
which the departments may be established. It has been sugsest- 
ed that some evidence of qualification from the Regents of the 
University would carry with it greater weight. There may be 
and doubtless is some force in the suggestion: but as such evi* 
dence of qualification must after all rest upon the representation 
of the officers of the respective academies, they propose to let it 
issue from the latter, and purport to be what it must be from the 
necessity of the case. They have drawn a form for a diploma 
which is hereunto annexed, marked A, and which from its terms 
can only be given to those who have completed the course of in- 
struction prescribed by the Regents, and have passed a satisfacto- 
ry examination in all the subjects of study. 

The examination should be public, and be made in the presence 
of the principal, and a majority of the trustees of the academy. 

The diploma will not of course dispense with the necessity of a 
certificate from the inspectors of common schools of the town, m 
order to enable the individual to whom it is given, to teach a com- 
mon school and receive the public money. The existing rule of 
law in this respect, will not be aflTeclci Every individual enga- 
ged in instructing a common school, must once in each year be 
examined by the inspectors, and receive a new (^rtificate of <iuali- 
ficalion. There would be a difiiculty in dispensing with this rule, 
as one of the objects of such a periodical examination, is to pass 
judgment upon the moral character as well as the ability of the 
individual, who may, by contracting bad habits, become totally 
unworthy of being entrusted with the education of children. The 
only advantage, therefore, which the diploma will give, is the as- 
surance, that the individual, who holds it, has been regularly train- 
ed for his vocation. 



It tmcy oft^n happen thai students will not be disposed or 
able to go throi^v the whole of the prescribed course of in- 
struction for teachers. In this case the principals of the acade- 
mies shouM be at Hberty to give them a certificate setting fortb 
l^e particular studiea thejr have pursued.^withsiicbopinion of their 
moraV character and their qoalificatioas to teach the branches whichr 
fhey have studied, a» they may be considered entitled to« But 
thijB- certificate should be merely under the signafture of the princi- 
pal and^ not under the seal^ of the institution;, for the eommitter 
deem if of tlie' utmost importance that no evidence of qiialificatioi> 
should be given, which can be mistaken* for the diploma reeeived 
by those v^ho have completed the prescribed eoarse. To avoid alF 
misapprehension, the committee have prepared and hereunto an- 
nexed a form for sueh a certificate, marked B^ 

The committee ckem it within the scope ef the reference to them 
tq designiKe for the consideration of the Regents the academies,, 
with which the proposed departments may, in their opinion, be 
most advantageously connected^ They would, therefore, Fe&pect-^ 
fully suggest the following, viz; 

Ist District,' . • » ^ .^ • £rasn)u» Hall,' • • • r » • Ring» eonnty. 

2d do- ••••r. Montgomery, •••••• Orange county, 

8d do • « f • • « Kinderhook, • . .- • ^ t Cohimbia coonty» 

4tb do *rr. .^^ St. Lawrence,^.... *• St. Lawrence eounty* 

5th do «-••• r. Fairfield, ••••*• Herkinier county. 

6th do • • • r • . Oxford,. ..,.•». Chenango county. 

tth do Canandaigua, • • • • » * Ontario county. 

8th do rr. r . • Middlcbury, ,... ^^ Genesee county. 

In making this selection the committee have been guided in the 
preferences they have given, by one of two considerations; Ist, 
that the value of the philosophical and chemical apparatus and li* 
brary was superior to that ol others in the district; or 2d, that, 
by reason ot their endowments or their peculiar situation, the 
course of education in the academies selected, would be likely to 
be least expensive to students. The only instances in which they 
have departed in any degree from this standard, are in the 6tb and 
7th districts* The Oxford Academy has a small amount invested in 
apparatus, &c., and the Canandaigua Academy is in a large village, 
where the expense of board might be supposed to be greater than 
in places of l^ss importance. But each has already a department 
for the instruction of teachers in full operation; and the endow- 
ments of the latter are so ample that the rate of tuition is extreme- 
ly low, so much so, as to compensate for a somewhat higher stand- 
ard of expense in the item of board. Upon full consideration they 
are of the opinion that neither of these academies could be advan- 
tageously exchanged for others in the districts, in which they re- 
spectively lie. 

Should the funds at the disposal of the Regents be so augmented 
hereafter as to admit of an additional expenditure for the support 
of ttie departments, the committee are of the opinion that great 
benefit might he derived from a course of lectures, accompanied 



No. 70.] 109 

with experiments, on Chemistry and Mineralogy, and Natural 
Philosophy and Astronomy, by an individual, who would make it 
his whole business to lecture on these subjects. The pupils in 
each department might be prepared by the study of the proper text- 
books so as to be ready at a specified time for the lecturer, who 
would carry his apparatus with him, and who ffom his familiar 
knowledge of the subjects could, in a course of lectures of not more 
than one month in duration in each of the academies, give more 
practical information than could be gained in the ordinary way, in 
a much longer period. The services of an individual of competent 
talents might undoubtedly be secured for 91,000 per annum. This 
sum, with what he would be likely to receive from other students 
not in training for the business of teaching, who might wish to at- 
tend the lectures, would cover his expenses and afford him an ade- 
quate compensation for the service rendered. The time occupied 
would not exceed eight months, and the lectures would be given 
during such portions of the year as to leave the individual employ- 
ed the entire winter to lecture in other institutions. Thus, for the 
sum of 81,000 per annum the students in the eight departments 
would be carried through the entire course in the subjects, which 
present the greatest difficulty, from the necessity of being taught 
by individuals familiar with them and with the use of the appara- 
tus, by which they require to be illustrated. 

With this object might be combined another not less important. 
The individual thus employed by the Regents might be required 
to examine into the entire condition of the departments, and report 
to them "all the information which may be necessary to enable 
them to determine whether the prescribed plan is carried into com- 
plete and efficient execution. 

As the Kegentfl have not now the means of making this addition 
to the proposed plan, and as it will not be. necessary until the de- 
partments shall have been organized and put fairly in operation, 
the committee merely suggest it at this time, as a subject worthy 
ot future consideration. 

In concluding their report, the committee beg leave to observe, 
that in a matter of so much importance, in which the ground to be 
occupied is yet untried, many considerations may have escaped 
their notice, which may be disclosed when the proposed plan is put 
in operation. They do not present it with the confidence that it is 
perfect, or that experience may not dictate salutary alterations in 
it, but as the best, which, with the lights before them, they have 
been able, after full consideration, to devise. 

All whicfi is respectfully submitted. 

Slbany^ Sth Jan.^ 1885. 



110 [Senatb 



( A. ) 

DIPLOMA. 

The Regents of the UDiversity of the State of New-York^ har« 
ing established in this institution a department for the education of 
common school teachers, 

WE, the President of the Board of Trustees, and the Principal 
of the Academy, do hereby certify that A. B., of 

the town of in the county of in the State of 

has completed the course of instruction, and passed a 
satisfactory examination in all the subjects of study prescril^ed by 
the Regents for the department; that he has sustained, while at 
the institution, a good moral character, and that he is fully qualifi- 
ed to teach a common school of the first grade. In testimony 
whereof, we have hereunto affixed our signatures, together with 
the seal of the institution, at in the county 

of this day of 18 • 

A. B. President^ 
0. D. PfincipaL 



(B. ) 

Certificate to be siven to students, who have not completed the 
prescribed course of instruction for teachers. 

day of 183 

I, the Principal of the Academy, do hereby oer* 

tify that A. B., of the town of in the county of 

and the State of has attended a course of instruction 

at this institution in the art of teaching; that he has sustained a 
good moral character; and, although he has not completed the 
course of study prescribed by the Regents of the University for 
common school teachers, he has studied, and is competent to give 
instruction in the following subjects, viz: 

A. B., PrincipaL 

P. S. If the individual is not well quali^ed to give instruction in 
all the subjects of study, those which he is competent to teach, 
should be specified. 



No. 70.] Ill 



At a meeting of the Regents of the University, held pursuant to 
adjournment, on the 20th day of January, 1835. 

PRESENT, 

STEPHEN VAN RENSSELAER, Chancellor, 

The governor. 

The LIEUT. GOVERNOR, 
Mr. YOUNG, Mr. SUDAM, 

Mr. DIX, Mr. McKOWN, 

Mr. KING, Mr. WETMORE, 

Mr. CORNING, Mr. PAIGE. 

Mr. WENDELL, 

The Regents having resumed the consideration of the report, 
presented at their last meeting by Mr. Dix, relative to the educa- 
tion of common school teachers; and after some time spent there- 
on, the report having been accepted, it was thereupon resolved, 

That the Board do concur with the committee in the general 
views and eonsiderations presented by them in their report: That 
the Regents, duly appreciating the great magnitude and value of 
the object, contemplated by the Legislature, in appropriating 
part of the income of the Literature Fund for the education of 
common school teachers, will, so far as the limited means under 
their control will enable them, co-operate in promoting so great 
and valuable an object. That considering the plan, presented by 
the committee in their report, proposing the establishment of a de- 
partment for the education of teachers of common schools, in some 
one academy in each Senate district of the State, as the best and 
most feasible that, under existing circumstances, can be devised, 
this Board do therefore adopt said plan, and will cause the same 
to be carried into execution with all convenient speed; and to that 
end, the Regents, moved by the considerations aforesaid, do 

Ordain and Declare, 

1st. That in some one of the academies, subject to the visitation 
of the Regents of the University, in each of the eight Senate dis- 
tricts in this State, a department for the education of teachers of 
common schools be established, on the foundation, and in the man- 
ner particularly defined and set forth in the report of the commit- 
tee above referred to; and that for the establishment, or first organi- 
zation of said departments, there be appropriated out of the mo- 
neys belonging to the Literature Fund, now in the treasury of the 
State, the sum of $4,000; and out of the annual income of said 
fund, the sum of $3,200 tor the annual support of said departments, 
to be paid on the conditions hereinafter particularly set forth, and 
to be expended for the purposes, and in the manner, proposed by 
the said committee in their said report 



do 


3d 


do 


do 


4th 


do 


do 


5th 


do 


do 


6th 


do 


do 


7th 


do 


do 


8th 


do 



113 [Senate 

Sd. That until otherwise directed by the Regents, the depart- 
ments contemplated by the foregoing section of this ordinance, 
shall be established in the following named academies, Tiz: 

For the 1st District, Erasmus Hall Academy, Kings county, 

do 2d do Montgomery do Orange county. 

Kindcrhook do Columbia county. 

St. Lawrefice do St. Lawrence co. 

Fairfield do Herkimer county. 

Oxford do Chenango county. 

Canandaigua do Ontario county. 

Middlebury do < Genesee county. 

Provided that the trustees of said academies shail, on receiving 
official notice of this ordinance, together with a copy of die report 
above referred to, signify to us, by a resolution to be adopted at a 
regular or special meeting of their Board for that purpose held, 
and to be certified by their president and secretary under their cor- 
porate seal, their consent that such departments be established in 
their respective institutions for the purposes aforesaid; and their 
express agreement in consideration of the appropriation or endow- 
ment to be made for them as aforesaid, to institute and conduct 
such departments on the foundation, and in the manner, particular- 
ly defined and set forth in the said report; and to observe, execute, 
and filfil, all such orders, rules and regulations as the Regents naay 
from time to time ordain or prescribe in relation thereto. 

8d. That whenever a certified copy of the resolution, required 
by the last preceding section of this ordinance, shall be received 
by the secretary of the University, and duly filed in his office, the 
trustees of each of the said academies, adopting and transmitting 
such resolutions as aforesaid, shall be entitled to recieve out of 
the moneys belonging to the Literature Fund, now in tho State 
Treasury, their proportional part of the 94,000 appropriated by 
the first section of this ordinance for the purposes therein mention- 
ed, to be expended by them for said purposes; such proportional 
part to be hereafter determined by the Regents, according to the 
relative wants and circumstances of said academies, to be ascer- 
tained from a*comparison of the reports about to be made by them, 
in obedience to a resolution of the Regents heretofore adopted for 
that purpose; and the said trustees shall also be entitled to receive 
at the same time, the further sum of $400, out of the annual income 
of said fund, to be applied to the support (for the first year) of the 
departments about to be established by them as aforesaid; and an- 
nually thereafter, (until otherwise directed by the Regents,) the 
said trustees, after first making the annual report hereinafter re- 
quired of them, shall be entitled to receive out of the income of 
said fund, the like sum of $400, for the like purposes aforesaid, to 
be apportioned and paid to tKem in the manner particularly provi* 
dcd for in the next following section of this ordinance. 

4th. Whenever the trustees of the several academies, desig^na- 
ted, or to be designated for the purpose contemplated by this ordi* 
nance, shall have fulfilled the conditions on which they are herein 



No. 7e.) 118 

<leclared to be entitled to the special endowments made, or providisd 
for them as aforesaid, and the amount thereof shall be ascertained 
in the manner required by the last preceding section of this ordi- 
nance, it shall be the duty of the Chancellor and Secretary of the 
University, to certify to the Comptroller of the State, the amount 
which said academies shall respectively be entitled to receive out 
of the income of said fund, to the end that the Comptroller may 
have the requisite evidence of their right thereto, to warrant the 
payment thereof. And annually thereafter, whenever a general 
•apportionment of the income of said fund shall be made among the 
academies entitled thereto, a special apportionment of the said 
4)3,200 shall be made among the academies designated or to be de- 
signated by the Regents, as entitled thereto, and the same shall be 
certified to the Comptroller, and be thereupon payable at the same 
time and in the same manner, as is, or shall be, provided in respect 
to the said general apportionuient. 

5th. The trustees of the several academics designated, or to be 
designated, for the purposes aforesaid, shall, together with the an- 
nual report, already required to be made by them to the Regents 
o( ihe University, present a full and detailed statement or report 
of the progress and condition of the department for the education 
of teachers of common schools, to be established by theiii as afore- 
said, according to such form as shall be prescribed by the Secre- 
tary of the University^ by instructions to be for that purpose pre- 
pared by him in accordance with the provisions contained in the 
report of the committee above referred to. 

6th. That the Secretary cause the report of said committee, 
together with this ordinance, to be printed, and copies thereof, 
with such insliuctions as are above required to be prepared by him, 
to be sent to the trustees of all the academies in the State, sub* 
ject to the visitation of the Regents of the University; and further, 
that a copy of said report, ordinance and instructions, be transmit- 
ted by the Regents to the Legislature, as part of their annual 
report. 

A true extract from the nunutes of the Regents of the Uni- 
vcrsitv. 

GIDEON HAWLEY, Secretary. 

jilbany, Jtattutry, 188ft. 



INSTRUCTIONS, &c. 

The Secretary of the University, in compliance with a provision 
contained in the foregoing ordinance,* requiring him to prepare 
suitable forms for the academic reports therein mentioned, submits 
the following instructions: 

The trustees of the several academies, in which departments for 
the education of teachers of common schools shall be established, 

[Senate No. 70.] 15 



It 4 [SfirfATT 

VfiMj fts heretofore^ be required to make the same general annuat 
reports to the Regents of the University, as other academies are 
required to make, in respect to all matters not relating special* 
ly to the department for common school teachers. In respect to 
such matters, they being entitled to the same distributive shares of 
the income of the Literature Fund, as other academies, mast for 
that reason, comply with the same regulations. But in addition 
to their general report, they will be required to make a special 
report on the progress and condition of the department for the 
education of common school teachers established in their acade- 
mics. Such special repoft should contain all the matters enume* 
rated, or suggested, by the committee of the Regents in their re- 

Eort herewith published. But it should not contain what is em- 
raced in the general report, as that would be doubling, what ought 
to appear single. And in order to show that the matter of one re- 
port is not blended with similar matter in the other, the several 
parts of the general report relating to money recehed from the 
Regents ; to tlie subjects of study pursued in the academy; to the 
class or text books used in it; and to the number of students taught^ 
^c, ought to be qualified with a clause, excepting from those parts 
what relates to the department for common school teachers. Take 
for example the subjects of study which form, a separate head in 
the general report; the statement under that head should be in the 
following form: 

The subjects of study taught in the academy daring said year 
except what were taught in the department^ or to scholars belonging 
to the department for common school teachers^ were as follows: 

And so with other parts of the report, that whatever belongs to 
the department for common school teachers, or relates specially to 
students in that department, may be exhibited separately, to enable 
the Regents to have a correct view of its actual condition. It is 
not however to be inferred, from any thing here said, that students 
belonging to the department for ctommon school teachers, are to 
be kept or taught separately by themselves. On the contrary, it 
will be seen from the report of the committee of the Regents, that 
a promiscuous union of such students with others in the academy, 
in all pursuits or exercises common to both classes, is expressly re- 
commended by them. The separation above mentioned as neces- 
sary to be observed, relates only to the form of the academic re- 
port, not to the mode of study in the academy. 

The special report on the department for common school teach- 
ers may be in the followinff forn^: 

To the Regents of the University of the State of New-York. 

The Trustees of Academy, in addition to their general 

or annual report herewith transmitted, st^bmit the following special 
report, on the progress and condition of the department for the 
education of common school teachers established in their institu- 
tion. 

1st. Organization of the Department. 

Under this head state what amount of money was received 
from the Regents, and when, for the first endowment of the de- 



No. 70. j 1» 

partment; how it has been expended, with a specification (in a 
schedule or inventory to be annexed,) of the several articles of 
apparataa. books, &c., purchased with it; whether the same ai^e 
ittill on hand, and in what condition. Also, under this head should 
be stated what teachers, if any, have been employed on ac- 
count of the department, what compensation is paid or allowed to 
to them annually, and what the whole annual expense incurred on 
account of the department is; that is to say, the expense, as esti- 
mated by the trustees, over and above what would have been in- 
curred, if no such department had been established; also, the 
amount, if any, received or charged during the last year for tui- 
tion of students belonging to the department, and particularly on 
what ground such charge has been made; how it differs from the 
tuition charge to other students, and what the views of the trustees 
are in respect to cliarging for tuition of students in the depart- 
ment. 

Under this head also, should be stated what examination appli- 
cants for admission into the department are subjected to; what 
evidence is required from them of their intention to become teach- 
ers of common schools;* whether the course of study, discipline, 
and exercises, prescribed for them by the Regents, (as the same 
is particularly defined and set forth in the report herewith pub- 
lished,) be strictly pursued by such students, and if not so pursu- 
ed, wherein, and for what cause there is a departure from it; also, 
such cenerat or particular views, as the trustees may bave to pre- 
sent, m relation to any defects discovered by them in the organiza- 
tion of the department, and how the same may best be retnedicd; 
together with such other matters relating to organization, as they 
may have to submit or suggest. 

2d. Subjects of Sttidy pursued^ and Class or Text Books used. 

Under this head, should be stated in one column, every subject 
of study taught in the department, and opposite to it, in another 
column, the text or class books used for teaching it; where there 
are several editions of the same book, the one used should be par- 
ticularly stated, and* if the cost of each book should be added, in 
another column, it would afford useful information to those who 
are preparing to enter the department. 

* At it is recommeiided in the report of the committee of the Regents, hereu-fth pnb* 
tiriied, that the trustees of the scademieSf in which departments for common school 
teachers are to be estabhshed, should *' make the rate ol^ tuition for those who intend 
in xoodfaiih to devote themselves to the business of teaching, as low as possible," it 
is of conrse expected, that the trustees will require some kind of evidence, of the tft/«n- 
twn in food faUh, mentioned bv ilie committee as the ground for reduced charges of tui- 
tion. It is suggested \^ the secretary that (until further experience be had on the sub* 
jecl,) the evidence of tn/m/ion, ^£.,may constat of a simple declaration in writing, to he 
ssKncd by the applicant alone, if he be of foil age, and by him and his parent or n^xt friend, 
if lie be under age, that he applies for admission hito the department infoodfaUh^ for the 
porpoae of qualifying himselr to teach a common school, and that it is his actual intention 
to engage in the business of teaching such a school in this State, (if he can find employ- 
imhC therein,) after he sball have left said department. 



• 



lis [Senate: 

8cf. Mimber and Classification of^ Students, 

klhe whole number of students belonging to the department oa 
the day of (state the day to which the general 
report relates^) was* • 60 

Of which number there have been connected with. the depart* 
ment for a period not exceeding one qnarter or term of the acade- 
my, .....-..•. 20 

For a period exceeding one, but not exceeding two terms,.. • • 10 
For a •* '* two, '« " three terms,.... 5. 
For a " ^ three " " four terms, S 

And so on until all the students in the department are classified 
according to the length of time spent in it^ 

A true list or ca'talogue of the names, ages, places of residence, 
and studies, of the several students belonging to the department^ 
is hereunto annexed, and verified by the oath of the principal of 
the academy. 

In making out the list or catalogue above referred to, the form 
of a similar catalogue prescribed for the general academic report, 
by instructions from the Secretary of the University in 1834, will 
be a sufficient guide, after adding to that form a new column for 
the places of residence, (both town and county.) of the students 
named, &c.; and aft^r substituting the following caption in Lieu of 
the one there given, viz: 

The following is a true list or catalogue of the names, places 
of residence, ages, and studies of the several students belonging 
now, or at any time during the past year, to the department for 
the education of teachers of common schools, established in this 
academy, with a specification of the different studies pursued by 
each of said students*, and the length of time the same were pur- 
sued in each quarter or term of said year, designating said studies 
by the ordinary name or title of the book or treatise studied, and 
stating the part or portion of each book so studied, and the time 
spent in studying the same during each of said terms. 

The affidavit at the close of the list or catalogue of students, 
studies, &c., should be in the following form: 

County of ss. A. B. being duly sworn, deposeth and 

^ith, that he is principal instructor of Academy. ^That 

I ccording to the best of his knowledge, information and belief, the 
foregoing is a just and true list of the names, ages, places of resi- 
dence, and studies, of the several students belonging to the depart- 
ment for the education of common school teachers established in 
said academy; that the said students, before they were admitted 
into said department, were found, on examination duly made, to 
have attained such a proficiency in the arts of reading and writing, 
and to have acquired such elementary oi^ preliminary knowledge, 
as is required by the second section of the ordinance of the Re- 
gents, of the 18th of March, 1828, to make them students in the 
higher branches of English education as therein defined. That 
the said students have severally been exercised in composition and 
declamation as often on an average as once in days, during 

the time they have been connected with said department, and that 



No. 70.] 117 

the facts set forth in the report hereunto annexed are true accord- 
ing to the best of this deponent's knowlege, information, and be^ 
lief. 

Signed A. B., Principal^ ^c. 
Sworn, &C. 

Graduation^ Sfc. 

Under this head, should be stated the names, places of resi- 
dence, &c., of the students belonging to the department who, du- 
ring the year to which the report relates, shall have completed 
the full course of studies prescribed for them by the Regents of 
the University, and received from the trustees of the academy the 
full Diploma^ contemplated in such cases to be granted to them if 
on examination, &c., they shall be found worthy of it. Also un- 
der the same head should be stated the names of all who, during 
said year shall have left the department without completing the 
full course, distinguishing such as shall have so left it, on receiv- 
ing the certificate of the principal of the academy, of partial quali- 
fication, &c.; and distinguishing also, such as shall have so left the 
department from any other, and what cause. 

Remarks* 

Under this head the trustees can state any thing relating to the 
department which they consider important to communicate to the 
Regents, and they are particularly requested to state the necessa- 
ry expenses of the students for board, lodging and tuition, and the 
particular inducements held out by their instituiion for students to 
enter, &c.; also what they know as to the success of the plan 
adopted by the Regents for the better education of common school 
teachers, its in&uence on the character of common schools, &c. &.c. 

The establishment of departments for the education of teachers 
of common' schools, in the several academies designated for that 
purpose, being made on condition that the trustees of those acade- 
mies consent thereto, and agree to institute and conduct such de- 
partments in the manner required, or contemplated by the ordi- 
nance herewith published, it will be necessary for the trustees, on 
receiving official n«uice of that ordinance, to meet together for the 
purpose of taking the same into consideration: and if, after such 
consideration, they, or a majority of them, consent to the esta- 
blishment of the proposed departments, and agree to institute and 
conduct the same as required by the Regents, it will be necessary 
for lliem to signify such consent and agreement to the Regents, 
by a resolution under their corporate seal, to be signed by their 
president and secretary, and transmitted to the Secretary of the 
Uoiv^ersity. The resolution may be in the following form: 

Retolutiouy ^c. 

To the Regents of the University of the State of New- York. 

The Trustees of Academy, having received from the 

Regents of the University official notice of their ordinance of the 



118 [SSNATC 

20th day of January, 1835, and of the documents therein referred 
to, whereby it is proposed to establish in the said academy, on 
certain conditions therein mentioned, a department for the educa« 
tion of teachers of common schools; and the said trustees havinf 
at a special meeting, for that purpose held on the day of 

duly considered the said ordinance and other documents 
therein referred to, it was thereupon 

Resolved^ That the said trustees would, and they thereby did 
consent that a department for the education of teachers of com- 
mon schools be established in their said academy, on the founda- 
tion, and in the manner particularly defined or referred to in the 
said ordinance; and in consideration of the special endowment of 
said department as therein proposed to be made by the said Re- 
gents, the said trustees did further resolve that they would, and 
they thereby did, agree to institute and conduct said department 
on the foundation and in the manner aforesaid, and to observe, 
fulfil, and obey all such orders, rules, and regulations as the said 
Regents should from time to time make in relation thereto, so long 
as the endowment of said department should be continued as pro- 
posed by the said Regents. 

In witness whereof, the said trustees have caused these presents 
to be signed by their president and secretary, and their corporate 
seal to be hereon impressed, this day of, kc* 

Attest, A. B., PreMentf [l. ••] 

C. D., Secretary. 

As these instructions will be sent to all the academies in the 
State, the Secretary avails himself of the occasion to call the at- 
tention of the trustees of the several academies, subject to the vi- 
sitation of the Regents, to a provision contained in an act of the 
Legislature of the 22d of April last, (Laws of 1834, chap. 140,) 
requiring the moneys therein directed to be distributed among said 
academies, to be applied exclusively towards paying the salaries of 
tutors. By the last section of the same act, the law which autho- 
rized certain academies to subject themselves to the visitation of 
the 'Regents, was repealed. 

The Secretary also avails himself of the occasion to request that 
in all future annual reports of the academies to the Regents of the 
University, the subjects of study pursued in the academies and the 
text books used in them, may form but a single head, instead of 
forming two separate heads as inadvertantly proposed in the in- 
structions of 1884. Under such a general head there. should be 
stated in one column, every subject of study taught in the acade- 
mies, and in another column, opposite to it, should be stated the 
class or text book used for teachinff it, and if there be large and 
small editions of the same book, the onls used should be stated. 
At the end of the last column should be enumerated the various 
reading books used in the academics, if they be not included in the 
previous list ' 

GIDEON HAWLEY, 
Secretary of the Unwrriiy* 

Albany f January S4lik, 1884. 



AN ABSTRACT 

OF THE 

RETURNS 

OF 

METEOROLOGICAL OBSERVATIONS 

MADE TO THE 

REGENTS OF THE UNIVERSITY, 

FOR THE YEAR 1834, 

BY 

AtttiUrs 0caVnii(r0 in t^tn Jbtatr, 

IV OBEDIKIVCK TO IKtTllUCTXOin, DATED 

MARCH 1, 1835. 



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164 [SKNitxi; 



UISCELLANEOUS OBSERTATIOIfS) NO. I. 

(Proorb06 of Veobtation.) 



First thvnder storm. — March 12, Auburn; March 90, Albany; 
February 23. Cambridffe Washington; February 22, Canandaigoa; 
March 21, Dutchess; February 23, Bridgewater; March 8, Erat- 
musHall; Feb. 22, Gnuverneur; Feb. 23, Granville; Feb, 21. Ha- 
milton; April 10, Hudson; Feb. 23, Johnstown; iMarch 20, Kia- 
derhook; Feb. 15, Kingston; March lO^Lewiston; Feb. 22, Low- 
▼ille; Feb. 15, Middlebury; Feb. 15, Montgomery; Feb. 15, Mt. 
Pleasant; Feb. 15, Newburgh; March 20, Oneida Institute; Feb. 
22, Oxford; March 20, Palmyra; Feb. 22, Pompey; Feb. 22^ 
Spriigville; Feb. 22, St. Lawrence; April 19, Union Hall; Feb. 
21, IJtica; Feb. 23, Cazenovia. 

Blue birds first seen. — March 10, Auburn; Feb. 27, Erasmns 
Hall; March 6, Hamilton; Feb. 10. Hudson; Feb. 27, Kinder* 
book; Fqb. 24, Montgomery; Macch 8, Oxford; March 23, Pal* 
myra, March 28. Utica; March 18, Albany. 

RMns first seen. — F<H)ruary 22, Auburn; March 12, Cambridge 
Washington; Feb. 10, Erasmus Hall; March 10, Hamilton; March 
7, Hudson; March 17, Johnstown; March 5, Kinderhook; Feb. 
10, Le.wiston; March 10, Mt. Pleasant; March 4, Oxford; March 
26, Palmyra; March 10, St. Lawrence; Feb. 20, Utica; March 
10, Cazenovia. 

Bam swallows first seen. — April 24, Clinton; May 7, Cazenovia; 
May 24, Delaware; April 21, Erasmus Hall; April 1&, Gouver- 
neur; May 1, Hamilton; April 22,:Hudson; April 10, Johnstown; 
April 18, Kinderhook; April 22, Lansingburgh; April 24, Mont- 
gomery; April 21, North Salem; April 11, Oxford; May 8, Red- 
hook; April 15, St. Lawrence. 

Martins first seen. — April 12, Delaware; March 27, Erasmus 
Hall; Aprir4, Hudson; May 7, Lanstngburgh; April 17, St Law- 
rence. 

Piseons flying. — March 20, Hudson; April 4, Hamilton; April 
14, Johnstown; April 10, Utica; March 23, Albany. 

Fireflies first seen. — June 20, Canajoharie; May 24, Cambridge 
Washington; June 0, St. Lawrence; June 22, Utica; June 18, 
Cazenovia. 

Shad caught in the Hudson river. — April 5, Hudson; March 22, 
Newburgh. 

Frogs first heard. — April 6, Cambridge Washington; April 4, 
Cazenovia; April 4, Bridgewater; April 5, Delaware; March 22, 
Erasmus Hall; March 10, Hamilton; March 10« Hudson; April 
7, Johnstown; March 10, Kinderhook; Feb. 21, Kingston; Feb. 
18, Lewiston; March 10, Middlebury; March 10, Mt. Pleasant; 



No. 70,] 166 

March 19, Oi^ford; April 8, Palmyra; March 18, SpringvHle; 
April 4, St. Lawrence; March 19, Utica. 

ffhipper-Will first heard. — May 20, Cambridge Washington. 

Claytonia Virginica in flower. — April 5, Bridgewater. 

Daffodih in bloom. — April 8, Fredonia; March 21, Erasmos 
Hall; April 16, Hamilton; April 15, Hudson; May 1, St. Law- 
rence; April 12, Utica. 

Shad bush in bloom. — April 15, Canandaigua; May 4, Bridge- 
water; April 21, Delaware; April 17, Erasmus Hall; April 28, 
Gouverneur; April 17, Hudson; April 12, Middlebury; April 21, 
North Salem; April 19, Oneida Institute; April 18, Palmyra; May 
9, Cazenovia. 

Apricots in blossom. — April 18, Canandaigua; April 12, Hudson; 
April 14, Montgomery; April 12, Newburgh; April 14, Union 
Hall. 

Strawberries in blossom. — May 1, Fredonia; May 1, Delaware; 
April 27, Hudson; Feb. 22, Middlebury; April 25, North Salem; 
May 4, Oxford; April 20, Oysterbay; April 26, Palmyra; May 1, 
Utica. 

Violets first seen. — April 28, Dutchess; March 26, Erasmus 
Hall; April 2, Hudson. 

Lilacs in blossom. — April 30, Dutchess; April 10, Delaware; 
May 4, Hudson; May 10, Newburgh; May 8, Union Hall. 

Currants in blossom. — April 10, Cambridge Washington; April 
27, Canandaigua; May 9, Clinton; April 11,. Dutch(iss; May 12, 
Gouverneur; April 15, Hudson; April 19, Kinderhook; April 13, 
Kingston; April 12, Oneida Institute; May 1, St. Lawrence; April 
23, ITiica; May 10, Cazenovia. 

Cherries in blossom. — May 5, Cambridge Washington; May 12, 
Clinton; April 23, Fredonia; April 22, Delaware; April 17, Eras- 
mus Hall; April 17, Hudson; April 18, Lansingburgh; April 22, 
Montgomery; May 1, North Salem; May 9, St. Lawrence; April 

17, Union Hall; April 20, Utica; May 9, Cazenovia. 

Peaches in blossom. — April 26,- Canandaigua; May 5, Clinton; 
April 10, Dutchess; April 19, Fredonia; April 15, Hudson; April 

18, Kinderhook; April 15, Kingston; April 10, Middlebury; April 
12, Montgomery; April 18, North Salem; April 10, Oysterbay; 
April 19, Palmyra; April 14, Union Hall. 

Apples in blossom. — May 14, (Janandbigua; May 21, Clinton; 
May 5, Fredonia; May 20, Hamilton; May 4, Hudson; May 3, 
Kinderhook; May 6, Kingston; May 3, Lansingburgh; May 11, 
Middlebury; May 7, Montgomery; April 24, North Salem; May 
21, Oneida Institute; May 19, Oxford; April 24, Oysterbay; May 
20, Pompey; May 10, Redhook; May 19, St Lawrence; May 6, 
Union Hall; May 20, Cazenovia. 

Quinces in blossom. — June 2, Canandaigua; May 9, Erasmus 
Hall; May 2, Hudson; May 21, Kinderhook; May 21, Redhook. 

Pear in blossom. — May 11, Clinton; April 20, Hudson; April 23, 
North Salem; May 3, Oxfoid; April 23, Union Hall; May 7, Uti- 
ca. 

Pium in blossom. — ^April 15, Hudson; April 8, Johnstown; April 



I6fj [Senate 

10, Kinderhook; April 10, Lansingburgh; April 16, Middlebory; 
April 19, North Salem; April 2&, Oxford; April 19, Palmyra; 
April 20, St Lawrence; April 21, Utica; May 8, Cazcnovia. 

Strawberries ripe. — ^June 16, Canajoharie; June 9, Clinton; June 
6, Dutchess; June 1, Fredonia; June 14, Delaware; May 87, 
Erasmus Hall; June 2, Hudson; June 22, Kingston; June 15, N. 
Salem; June 23,X!>neida Institute; June 9, Oxford; June 16, St 
Lawrence; June 14, Utica; June 16, Cazenovia. 

Peas in bloom. — June 22, Canajoharie; May 16, Fredonia. 

Hay harvest commenced. — July 14, Canajoharie; July 10, Bridge- 
water; July 7, Hudson; July 12, Kingston; July 7, Montgomery; 
June 25, N. Salem; July 21, St. Lawrence; July 7, Union Ball; 
July 9, Utica; July 20, Cazenovia. 

Indian com in silk. — July 20, Canajoharie; July 0, Bridge wa- 
ter; July 16, Hudson. 

Cherries ripe. — ^July 9, Clinton; July 1, Hudson; July 1, Kings- 
toni 

Currants ripe. — ^July 11, Clinton; June 27, Hudson; June 22, 
Redhook; June 29, Union Hall. 

Barley harvest. — July 19, Canajoharie. 

Rye harvest. — July 12, Dutchess; July 26, Bridge water; July 
2, Hudson; July 14, Kingston; July 12, Lansingburgh. July lO^ 
Union Hall. 

Wheat harvest. — ^July 21, Auburn; July 28, Canajoharie; July 
20, Clinton; July 18, Dutchess; July 30, Bridgewater; July 8, 
Erasmus Hall; July 8, Hudson; July 19, Kingston; July 22, Mid- 
diebury; July 14, North Salem; July 25, Oneida Institute; July 
10, Oysterbay; July 23, Palmyra; July 18, Redhook; August 4, 
St. Lawrence; July 14, Union Hall; July 25, Utica; August 1, 
Cazenovia. 

Green peas. — June 15, Fredonia; June 6, Hudson; June 20, Ox- 
ord; June 14, Utica; July 4, Cazenovia. 

JV*et0 potatoes. — ^July 4, Fredonia; June 29, Hudson; July 3, 
Utica. 

Apples in market. — July 13, Hudson; Sept. 30, Lansingburgh. 

Crreen com. — ^July 21, Fredonia; June SO, Bridgewater; July 
22, Hudson. 

Peaches in market. — July 18, Hudson. 

Indian summer. — Oct. 17, Delaware. 

November 4. — A Norwegian owl shot three miles from this 
place; reckoned by the inhabitants a precursor of a very severe 
winter; Erasmus Hall. 



Na 70.] 167 



MISCELLANEOUS OBSERVATIOIfS^ NO. 2. 

Atmospherical Phknombita, fcc 



AURORA BOREAUS noticed. 

January 7, at Albany. 

January 28, at Johnstown. 

February 7, at Lowville, Montgomery, St. Lawrence, Utica. 

February 8, at Montgomery. 

March 2, at Palmyra. 

March 3, at Albany. 

March 4, at Johnstown, Kinderhook, very brillianti Kingston, 

Pompey, Utica, Albany. , 

March 8, at Palmyra. 
March 0, at Utica. 
April 5, at Johnstown. 
April 13, at Utica. 

May 3, at Hudson, Johnstown, Cazenovia. 
July 27, at Lewiston. 
July 28, at Hudson, Utica. 
August 11, at Lowville. 
August 31, at Cambridge, Lewiston. 

September 2, at Cambridge, Bridgewater, Johnstown, Palmyra. 
October 1, at Albany. 
October 3, at St. Lawrence. 
October 4, at Middlebury. 
October 5, at Middlebury. 
October 8, very brilliant at Utica, Albany. 
October 23, at Lewiston, Utica, Albany. 
October 29, at Johnstown. 
November 2, from 8 to 11 P. M., a very beautiful arch, extending 

from N. E. to N. W. nearly, and upwards about 25^ 

from the horizon, at Auburn, Hudson, St. Lawrence, 

Utica, Cazenovia, Albany. 
November 9, at Cazenovia. 
December 3, at Albany. 
December 4, at Utica. 
December 20, at Cazenovia. 
December 21, at Johnstown, Utica, Albany. 
December 22. at Clinton. 
December 23, at Clinton. 



168 [Senate 

HALOES, tLc. 

January 6. Solar parhelia — Cazcnovia, 

January 15. Lunar halo. — Kinderhook, Cazenom, Albany. 

February 15. Lunar halo. — Utica. 

February 10. Lunar halo. — Utica. 

February 18. Lunar halo. — Kinderhook, Newburgh, Utica. 

February 22. Circle round the moon. — Johnstown. 

March 18. Circle round the moon. — Johnstown. 

March 23. Solar halo. — Cazenovia. 

April 18. Large lunar halo. — Kinderhook, Utica. 

April 25. Very bright halo round the sun. — Utica. 

April 26. Solar halo at 6 A. M. — Albany. 

July 18. Solar halo, during the greater part of the forenoon.— 

Albany. 
August 5. Solar halo at 5 P. M. — Oysterbay. 
August 8. Between 5 and 6 P. M. a mock sun, 45^ north of the 

sun. — Cambridge Washington. 
Septjembcr 24. Lunar halo. — Caaenovia. 
November 9. Lunar halo at 9 P. M. — ^Palmyra. 
November 13. Lunar halo. — Utica, Cazenovia. 
November 15. Lunar halo. — Kinderhook, Cazenovia. 
December 5. Lunar halo. — Johnstown, Kinderhook. 
December 9. Lunar halo. — Johnstown. 
December 10. Lunar halo. — Cazenovia. 

ZODIACAL LIGHT. 

February 1, 2, 8. Beautiful zodiacal light in the evening. — ^Utics* 
March 3, 4. Utica. 

METEORS. 

July 8. A very brilliant meteor passed at about 9 o'clock, to- 
. wards the west. The train of light accompanying 
it, continued for two or three minutes. — Kingston. 

July 9. Splendid meteors in the southwest at 8 P. M. — RedhooL 

July 28. A meteor at half past 10 P. M. passed over the village 

towards the west, leaving a train of light for some 
distance. — Kinderhook. 

July 31. Meteor observed in a northeast direction, and very bril- 
liant. When near the horizon, it burst into fng' 
ments. — ^Ijewiston. 

December 25. At 8 P. M., a large and beautiful meteor descend- 
ed, a short distance south of this village* — ^Kinder- 
hook. 

WEATHER. 

May 15, 16. The most remarkable circumstance was the severe 

frost that occurred on the 15th and 16th of Mtyi 
and destroyed most of the fruit then in blossom. By 



No. 70.] ie9 

recurring to the taUe for that month, the degree of 
cold will be seen. 

May 15. The most remarkable snow and frost that has ever been 

observed in this country at this season of the year. 
Snow so deep that sleighs were moving; icicles at 
midday hanging from roofs on the northerly side of 
buildings of a half a yard in length, and at 2 P. M., 
the ice on door steps in a northerly exposure, of the 
thickness of half an inch. Ground covered with 
snow-— through the day. Apples, cherries, pears, 
currants and most fruits killed by the frost. — Utica* 

July SI. At in the evening a very severe thunder shower. Re- 
markable as being the first one ever observed in this 
city as .coming directly from the north. It was 
thought remarkable, as exhibiting unusual electrical 
phenomena. The shower arose from two clouds at 
considerable distance from each other, and as the 
wind elevated the clouds, the lightning for about 
half an hour, appeared to play horizontally from one 
Co the other. The flashes were unusually frequent 
and of intense redness. — Utica. 

August 14. Between 4 and 5 o'clock P. M. a violent tornado ac- 
companied with a heavy shower of hail and rain, 
and with uncommonly severe thunder and lightning, 
passed over this city. Its course from the west, fol- 
lowing the Mohawk river. Churches and dwellings 
and other buildings were much damaged by the wind, 
and crops in the fields much injured by the hail. 

Most of the thunder showers that passed through 
this valley during the summer past, were thougnt 
remarkable for unusual severity. Several buildings 
in the city were struck with lightning at different 
times, and two barns filled with hay and grain were 
burnt by'the lightning, in towns adjoining. — Utica. 

From the Oneida Whig, extra. — August 15, 1884. 
Tornado. — ^It becomes our duty to notice one of the 
most extraordinary visitations which has ever been 
recorded in the annals of the Mphawk valley. Yes- 
terday morning a very sensible alteration was per- 
ceived in the temperature of the air, it being much 
colder than it had previously been, aiid indeed the 
day resembled November more than August. A 
few hours soon produced an entire change — the air 
becoming heated and relaxing, and similar to the 
weather which has prevailed generally during this 
month. About 2 o'clock in the afternoon, the baro- 
meter began to fall, and from 3 until 4 o'clock fell 
about ten degrees; the thermometer falling at the 
same times with equnl rapidity. At 4 o'clock a se- 
vere rain storm commenced, accompanied during its 
continuance, by a wind of terrific violence and pow- 

[Senate No. 70.] 82 



no^ [Sbhatk 

er. which at times reserobfed in \t§ aspect a West 
India hurricane. A short time after the raia com- 
menced falliag, a mist arose so dense that aa object 
could not be discerned at thirty feet distance. Hail 
began to fall iounediately afterwards^ roiaghed with 
the raiB, in large quantities of an unusual size» Situ* 
ated as- we were in Genesee-s^eet^ there was nothing 
alarming in the blow^ although it waa evidently one 
of unusuat violence ;^ we were entirely removed at 
this time from the scene of the devastation^ As soon 
as the rain subsided, bearing^ rumors of the injury 
done, we proceeded to a survey. We first visited 
the Second Presbyterian church ia Bfeeeker-stfeet^ 
the spire of which (about thirty feet in length above 
the tower) had been prostrated by the wind and lay 
in pieces on the ground. In its fall it encountered 
a coiner of the church and produced some injury^ 
but this was comparatively trifling.. 

On passing up G^nesee^street we found indications 
of the violence of the storm that were truly appal- 
ling: in order to furnish ar ctear impression ot its 
progress and violence, we will commence with the 
buildinga on Courf-street« being the most westerly.. 
The house of Spencer Kellogg, Es^, on this street,, 
was completely unroofed, the chimneys blown down 
and the upper part of the western wall destroyed^ 
and ihc materials scattered around the dwelling; his 
wood-house was likewise unroofed, and other out- 
houses damaged. Proceeding south, we come to the 
residence of Thomas Rockwell. Esq.,. cashier of the 
Ontnri* Branch Bank, which was unroofed, but not 
otherwise injured materially. The house occapied 
by Horace Butler, Esq., on the comer of the same 
street and Genesee further south, was entirelv un- 
roofed and chimneys blown down, and the large 
beams supporting the r€>oS broken, and the whole 
building seriously damaged. It is owned by Mr» 
Samuel Farwell. Going east down G^nesee-street, 
we find no other building injured until we come to 
that of £. A. Wetmore, Esq., standing at the head 
of Seneca-street. Here the western chimney was 
blown down, the roof raised and shattered so as to be 
useless, and the main beam under the roof broken. 
This building (brick) is injured throughout. On the 
opposite (south) tiide of Genesee-street, further west^ 
the brick dwelling house of Col. Dean was greatly 
injured, the roof being blown off — the parapet wall 
and one of his cbimtieys blown down* 

The next building which was assailed going east 
down Genesee-street, is that of S. D. Childs, Esq., 
the wing roof of which is injured, we believe, irre* 



Mo. 70.] Vn 

-parably. Farthet down, ihe edtire roof of Mr. Au^ 
gustus Hurlburt's brick hottse, recently erected in a 
-very substantial manner, was blown off, shattered to 
pieces and chimneys blown down. A smali wood 
house on the same dXteei (occupied) was completely 
capsized, but no one injui'ed. The spire of the 1st 
Presbyterian church on Washington-st., was struck 
hy lightning and bent to an angle of thirty degrees. 
A brick house on Columbia^treet, owned by J. C 
Shippy, and occupied by Mr, R. Durkee, waa entire- 
ly unroofed and the waHs some injured. A house on 
Tarick-street, occupied by a Mr. Hannah was struck 
by lightning, but no one injured. Mr. Bright's tan* 
«ery was also struck but no essential damage done, 
Mr. Rowe's brick dweHing bouse on Fayette-stree^ 
^as a good deal damaged — -the chimneys bekig blown 
down and the roof broken. The houses of R. B. 
MiHer, A Seymour, C P. and Joseph Kirkland, were 
^somewhat injured and the chimneys blown down. 

From the Cherry- Valley Gazette, August 19.— 
The tornado that unroofed houses in IJtica on Thunh 
day last, was very destructive at Van Horne^s-ville, 
an the town of Stark, Herkimer county^ The dwel- 
ling house of Daniel Van Home, lEsq^ was unroofed 
:and the frame nearly ruined. His sTtore had paiH of 
its roof torn off and the frame inji»red. The win* 
dows were blown in. Two barns were unroofed 
and part of the hay and grain in them blown away^ 
All the out-buildings and sheds were prostrated. 
The roof of the new miH is gone, and fences are all 
down. The trees of two orchards were torn up by 
the roots, and a great part of Mr. Van Hornets wood- 
land destroyed. Part of the roof of the barn of Mrs. 
Van Home, (widow of the late Richard Van Home,) 
was blown off. Mr. StanselFs dwelling house was 
onroofed and badly damaged. His trip hammer, 
blacksmith shop, and barn, all down. 

Considerable damage we hear was dcme east and 
west of Van Horne^s-ville, No person was hurt as 
we have heard. Some hail fell and large lumps of 
ice, but thev were few and scattered. The storm 
was not over a mile in width. 
October 17« The atmosphere seemed loaded with smoky vapor, 

which gave it a light dingy hue. At 4 P. M^ it was 
too dark to read in doors without a candle* In fine, 
the light of the sun was completely shut out by dark, 
dingy clouds. It rained in the evening and during 
the night, and on emptying the conical rain gage the 
next morning, the wat«r was found colored, and a 
thick black sediment had settled at the bottom.*-^iS)t% 
Lawrence. 



lift [Sbmah 

RIVER HUDSON. 

• 

February 24. River open;' Albany. Februry 25, first tteam- 

boat; Albany. December 15, river closed. — Albany. 
February 21. River open. 22, sloops; Hudson. Decenaber 15, 

river closed. — Hudson. 
December 14. River closed. — Kingston. 
January 3. Last steam-boat; Poughkeepsie. February 22, first 

steam-boat. — Poughkeepsie. 
January 8. River obstructed by ice — ^ever completely closed; 

Newburgh. February 21, steam-boat; Newborgh. 

December 26, obstructed by ice. — Newburgh. 

RIVER MOHAWK* 
February 19. Clear of ice. — Utica. 

GREAT WESTERN CANAL, 

April 17. Canal navigation open. — ^Utica. — Oneida Institate. 
December 18. Canal navigation closed. — Utica. 

LAKE ERIE. 

April 10. First steam-boat from Buflfalo to Dunkirk. Large mas' 

ses of ice still floating. — Fredonia. 

LAKE LINCKLAEN. 
March 18. Lake open. December 15, lake closed. — Cazenovia. 

TEMPERATURE OF WELLS. 

August 14. Temperature 52^, in academy well, 12 feet deep, 

with 13 inches of water.— <Jambridge, WashingtoD. 

Jufy 26. Temperature 50^, in a well, 21 feet below the surface. 

— Kingston. 

July 12. Temperature 48^, in a well twenty feet deep. — ^Middle- 
bury. 

August 5. Tem|)eraturc 51°, in a well twenty feet deep. De- 
cember 81, in a well twenty feet deep, just above the 
water, temperature 81°. — Newburgh. 

July 8. In a well, twenty-four ieet deep, the temperature of the 

air at the surface of the water was 50°, the tempe- 
rature of the water 47°. — Oxford. 

ECLIPSE. 

November 30. During the obscuration, the thermometer fell 4^ 

-— Bridgewater. Fell 10°.— Delaware. From 65^ 
to 40^.— Hudson. From 49° to 40°, and rose to &f 
exposed in the sun, as the eclipse drew to a close. — 
Kinderhook. Fell 2° and remained stationary until 
evening. 



Na 70.] 178 

November 80. Eclipse of the Sun.*-— During the whole of this 

phenomenon, there was a strong breeze, varring 
from W. by S, to W. by N. At its commencemer.t, 
the southern half of the heavens were covered with 
fleecy clouds; but so thin, that the sun's rays con- 
centrated by a lenSf 1 1 inches in diameter, and 3 in- 
ches in focal distance, caused spunk to burn in 15 
seconds. At 1 P. M .. a 6 inch thermometer of Pike's 
m ke, stood at 47 i^ in the shade; the Regent's ther- 
mometer stood at 481^. The following is the result 
of our observations on the thermometer. Owing to 
an accident which happened to our time-keeper at 
the beginning of the eclipse, our time is not entirely 
accurate. 

■ 

Pikt'i Thermo- RegeiMf ■ Tbsmio- 

OMtur ia the iiMter intbo 

•bttde. 8had«. 

h. in. drg. deg. Renarkf. 

1. 6 ...... 59i .••... 48i Sun partially obscured. 

1.12 61i Sun unobscured. * 

1.19 ...... 58 Sun partially obscured. 

1.21 59 

1.23 60 

1.26 61 

1 .28 6U Sun unobscured. 

1.80 60) 

1.53 49} 471 Spunk ceases to burn, and 

1 .58 48 Sun partially obscured. 

2. 2 47i 

2. 6 47 

2.10 46 

2.14 45i 47) 

2.17 45 

2.23 44 ...... 47 Ras Athagus seen. 

2.25 ...... 43) 45 

2.28 42) Lowest pointofthermo. in the sun. 

2.32 45 ...... 441 bun unobscured, lowest point of 

2.34 45) [thermo. in the shade. 

2.89 47 • 

2*44 46) 45 

2.59 46) 45} 

8. 1 •••.•• 47 •••••. 46 Spunk burns. 

8. 5 48) 46) 

8.13 40) • 46 

3.17 ; 49) 46) 

3.21 49 46 

8.33 •••.•49) 

8.25 49 47 

3.27 49) 

8.82 48) 

8.87 48 

8.43 49 47 



174 



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176 



[Sbnat* 



Of plants indigenous and cultivated, found in the TiGini- 

tv of Erasmus Hall. 



Acer rubrum, 

sRccharinum, 
Achillea millefuliutn, 
Aconis c..lamu8« - 
•Aclea rubra, 

alba, 
Adiantum pcdatum, 
Adonis autumnaiis, 
Aesculus hippocastanunii 
AgaricuB flavidus, 

' 'pulvinaius, 
comatus, 
cine reus, 
domesticus, 
narcoticus, 
gracilis, 
tomentosus, 
Agrosteihma githago, 

coronariay 
Allium porrum, 
sativum, 
fragrans, 
vineale, 
canadense, 
cepa, 

schonnoprasumi 
AInus serrulata, 
Altbea officinalis, 

rosea, 
Amaranthus albus, 

melancholicus, 
tricolor, 
lividus, 
Amaryllis atamasco, 

formosissima, 
Amygdalus persica, 

nana, 
Anchusa officinalis, 
Andropogon nutans, 



Andropogon virginicus, 
Anemone hortensis, 

virgiuiana, 

thalictroides, 
Anethum graveolens, 

foeniculum, 
Angelica archangelica, 
atropurpurea, 
Anthemis nobilis, 

cotula, 
Anthoxanthufn odoratum. 
Antirrhinum elatine, 

linaria, 
majus, 
Apium petroselinum, 

graveolcns, 
Apocynum androsseroifoliooi, 
Aquilegia vulgaris, 

canadensis, 
Arctium lappa, 
Arenaria lateriflora, 
Argemone mexicana, 
Aristida dichotoma, 
Aristolochia serpentaria, 
Armeniaca vulgaris, 
Aronia botryapium* 
Artemisia abrotanum, 

absynthium, 
Arum dracontium, 
dracunculus, 
triphylium, 
Asarum canadense, 
Asclepias syriaca, / 

incarnata, 

quadrifolia, 
ftuberosa. 
Asparagus officinalis, 
Asphodelus luteus, 
Arundo donax. 



* Tha actea nibn hat long been med m a doin«atic remodj bj aome iuBSH^^^ 

a. It haa abo been m uAjmM Hj anplorM " 



country for intannittent and billoua feTora. 

COOfMU 

t One of our moat TalnaUa native eipectoranta 



No. W.] 



m 



'Aster sinensis, 
subulatus, 
ceruleus, 
anemoniflora, 
linariifoliusy 
nova-anglis, 
macrophyllus, 
novi-bclgii, 
puniceus, 
gradiflorus, 
Atropa belladonna^ 
Avena sativa, 
steriliSy 
Azalea nuditlora, 
nitida, 
glauca, 
Bellis perennis, 
Barbaris vulgaris, 

canadeosis^ 
Beta vulgaris, 

cicia, 
Betuld papyraceai 

lenta^ 
Bignonia radicans. 
Boletus ignarius, 
Borago officinalis, 
Brassica napus, 
rapa, 
oleracea, 
Bromus secalinus, 
Buxus sempervirens, 
Cactus opuntin, 
Calendula officinalis, 
Callistachia virgiuicai 
Caltha palustris. 
ficarOjdes, 
Calyranthus floridus, 
Campanula grandiflora, 

medium, 
speculum, 
perfoliata, 
Cannabis sativa, 
Capsicum annum, 
Carex sterilis, 
Carthamus tinctorius, 
Carum carui, 
Carya sulcata, 

Squammosaj 
porcina, 
Cassia senna, 



Cassia marilandica, 

chameacbrysta, 
nictitans, 
Castanea americanav 
Catalpa syringaefolia, 
Celastrus scandens^ 
Centaurea cyanus, 

benedictusv 
centaurium, 
mos< hata, 
Cephalanthus occidentalis, 
Cerastium vulgatum, 
Cercis canadensis, 
Cherianthus cheiri, 

anriuus, 
Cheladonium majus, 
Chelone glabra, 
Chenopodium botrys, 

scoparium, 
Cbimaphila umbcllat€^ 

spinosa, 
Chionanthus virginica, > 
Chrysanthemum partheniumv 
Chicorium intibus, 
cndivia, 
Cicuta virosa<, 
Cistus canadensis^ 
Clavaria palmatfi^ 
Claytonia virginica. 
Clematis viticella, 
flammula, 
Cleome dodecandra, 
Clethra alnifolia, 
Cnicus lanceolatus, 

arvensis, 
Cochlearia armoracia^ 
Conferva flocQosa, 

capillaris» 
^Convallaria multiflora, 

racetnosa, 
birolia, 
majalis. 
Convolvulus arvensis, 

batatus, 
jalapa. 
Coreopsis tripteris, 
Coreanopum sativum, 
Comus norida, 

sanguinea, 
sericea, 



* The root of thif plant » an aaeaUant 

[Senate, No. 70.] 



femadj for toothaeha. 
38 



118 



fStKATK 



Coryfus ayellana, 
americani^ 

Crategus panetatat 
Gras-galii, 
oxyacantlm. 

Crocus offictoaKt* 

Crotalaria sagittalii, 

Cjucubalis benen, 

Guctttnis anguria^ 
melo, 
tativuB, 

^.upressus tbyoide», 

Cymbidiam pulchellam^ 

Cynara scolymoB, 

Cynoglopum ofBcioale, 

Cynodon dactylon, 

Cypripedium spectabile, 

humile^ 

Danthoinia ftptcata. 

Daphne mestereon, 

t)atura siraiDoniamy 

Daucus carota, 

Gomrounisi 

Delphinitim consolidum, 

ajacisi 
exaltatum, 
8taphisagria> 

DierTilla humilis, 

Digitalis purpdreai 

Dionaea muscipulai 

Diospyros virginianai 

Dipsacufl fullonum^ 

Dracocephalum virginianam, 

Dracocephalum canariense, 

Eleusine indica, 

Elymus villosus, 

Epilobium spicatum^ 

^Equisetum arvensei 

Erigeron canadense, 

Erodium ciconiumi 
moschatum, 

Erythronium dens-canis, 

Eupatoriam purpureum, 

▼erticillatum, 
petfoliatum, 

Fedia olitaria, 
radiata, 

Fothergilla alnifolia, 

Fragaria vesca, 



Pragaria virgiman^ 
canadenaia, 

Fraxinus acuminatay 
Attnbucifolia, 
pubesccns^ 
epiptera, 

Fascia inagetlanica,F 

Fttcos vesiculous^ 
lorens, 

Fuligo rufa, 
flava, 

fGalega virginianay 

Galeopsis tetrahily 

Galium trifidum, 

Gaultheri^ procumbeoi^ 

Gentiana saponaria. 

Geranium maculatom^ 

Gerardia purpurea, 

Glechoma hederacea. 

Glycine apios, 

Gorophrena globosa^ 

Grafioia aurea, 

Hamamelis virginica, 

Hedeoma pulegioides, 

Hedysarum canadeuse, 

rotundifoliom^ 

Helenium autnmnalei 

Helianthus annuus, 

tuberosus, 

Heliotropium indicum, 

Hepatica triloba, 

Hesperis tristis, 

matronalisi 

Hibiscus palustris, 
syriacus^ 
esculentus, 
virginicus, 
trionum, 

Hierochloa odorata, 

Hordeum vulgare» 

Hydnum imbricatum, 

Hydrophyllum virginieum^ 

Hypericum ascyroides, 
perforatuiDi 

Hypnum ftynraticuBH, 

Hypozis erecta, 

Hypopis officinalis, 

Iberis umbellata, 

Ictodes fcBtida, 



* TUa pbat k nid to be ditintic and a dMoetioo k ttMd te diopitei. 
I t The root! tn uied \n adMoetion ai % pow«M atttkalmirtti*. 



No. 70.] 



179 



Ilex opac«, 
jLmpatiens balsamina, 
noliiaDgerOi 
Inula helenium, 
IponuEa quamoclit, 
purpurea, 
Iria pumila, 
plica ta, 
virginica, 
Juglaii3 regia, 
nigra, 
cinereo, 
Jancns eflTusu^ 
acutu!^ 
Juniperus sabina, 
Kalmia latifolia, 

angustifoUa, 
glauca, 
Krigia virgioica, 
Lamium gargaoinum, 
Latbyrus odoratus, 
latifoliua, 
Laurus benzoin, 

sassafras, 
Lavendula spiea^ 
Lavatera thuringiaca,' 
Lfeontodon taraxicum, 
Leonurus cardiaca, 
Ligusticum levisticum, 

vulgarO; 
{jilium superbum, 
candidum, 
candense, 
^iinnetis junceay 
Linunn usitatissimum, 
Liquidambar styraciflua, 
Liriodendron tulipifera, 
Lobelia cardinalis^ 
puberula, 
Lonicera caprifoliam, 
fraseri, 

periciimenjuiiQ, 
Lonaria anina, 

rediviva, 
Lupinus perennisi 
hirsutus, 
luteus, 
Lychnis chalcedonica, 

flos-cuculi, 
Lyaium barbarum, 



Lycoperdott bovista, 

pralense, 
Lycopodium complanatttnii 
Lysimachia racemosa, 
MacroCis serpen tana, ^ 
Magnolia glauca, 

acuminata, 
tripetala, 
Mal^a rotundifoLia, 

crispa, 

moschata, 
Munimbium vulgiire^ 
Melissa officinalis, 
Mentha viridis, 
piperita, 
Mitchclla repens. 

diphylla, 
Mollugo Terticillata^ 
Monotropa uniflora^ 
Morus alba, 

nigra, 

rubra, 
Muoor asperffillus, 

muceda, 

caninus, 
Myosotis Arvensis, 
Myrica cerifer^, 
Myrtus commuViif 
Nepeta cataria, 
Nicotiana tabacum, 
Nupbar lutea, 
NyinphflBa odorata, 
Nyssa villosa, 
CEnothera biennis, 

chrysantha^ 
grandiflora^ 
Orchis flava. 
Origanum vulgare, 
*Orobanche uniflora^ 
Oxalis aceitosella, 

violacea, 

stricta, 
Panax quinquefolia, 
Panicum crus-galli, 
Pastinaca sativa, 
Pedicularis canadensis, 
Peltidea scutata, 
Pentstemon pubesoeas, 
Phalaris americana. 
Phallus hnpudicus. 



•IfiKhoMdin 



180 



[Skmats 



Phleum pratense, 
Phlox paniculatum, 
pyramidalis, 
maculata, 
subukita, 
Phytolacca decandra, 
Pinus balsamea, 
fraseri, 
sirobus, 
lariz, 
Plantago major, 

lanteolata, 
Platanus occidentalism 
Poa pratensjs, 

compressa, 
Poffonia ophioglossoidesy 
Polygonum erectum, 

•tenuo, 
persicaria^ 
orientale, 
fagopyrom, 
scandens, 
Polypodjgm vulgarc, 
Populus tremuloidcsy 
angulata, 
dilatata, 
Portulacca oloracea, 
Potamogeton natans, 
Potentilla norwcgica, 
canadensis, 
Poterium sanquisorba^ 
Prinos vulgaris, 
PrunuB virginiana, 

chicasa, 
Pteris aquilina^ 
Puccinia graminis, 
Pyrola rotundifolia, 
]f yrus coronarta, 
Quercus tinotoria, 
discolor, 
coccinea, 
rubra, 
palustriSf 
alba, 
Ranunculus acris, 
Rhexia virgtnica, 
Rhus typhiuum, 
glabrum, 
vernix, 



[Rhus toxicodendron, 
Ribes rubrura, 
nigrum, 
triflorum, 
Robinia pseudo-^acacia, 

hispida, 
Rosa corymbosa, 
parviflora, 
rubiginosa, 
canina, 
Rubus ideus, 

strigosus, 
occidcntalia, 
villosus, 
trivialis, 
Rumex crispus, 

sanguineus, 
patientia, 
acetosa, 
Sagittaria sagittifolia^ 
Salix Candida, 
tristis, 
vitcllina, 
Salvia officinalis, 
Sambucus canadensis, 
pubescens, 
^anguinaria canadensis, 
Saponaria officinalis, 
Saxifraga virginicnsis, 
Schoenus setaceus, 
Scuttellaria galericulata, 
Secale cereale, 
Sedum telephium, 

. anacampseros, 
Silene antirrhina, 

pennsyFvanica, 
virgtnica, 
armeria, 
Sisymbrium nasturtiuniy 
Solanum dulcamara, 
Spigelia marilandica, 
fStatice limonum, 
Stipa avenacea, 
Tanacetum vulgare, 
Teucrium canadense, 
l^haUctrum dioicum, 
Thlaspi bursarpastoris, 
Thymus serpyllum, 
Tilia glabra, 



* A valuable astriogent in diarrhea. 

t One of our moat raluablo aatriogoota and auich 



No. 70.] 



181 



Tradescantia virginica, 
Tricophorum cyperinum, 
Trjchostema dichotoma, 
Tiicntalis europsea, 
Trifolium prateiise, 
re pens, 
arvense, 
recumbens, 
Trillium erectum, 
Tuber cibarium, 
Tussilago farfara, 
Ulmus americaDa, 

fulva, 
Uredo rosae, 

linearis, 

Candida, 

segetum, 
Urtica dioica, 



Urtica canadensis, 
Uvularia perfoliata, 
Vaccinium dumosum, 

corymbosum, 
Verbascum thapsus, 
Verbascus flava, 
Verbascum alba, 
Veronica officinalis, 

serpyllifolia, 
Viola odorata, 

palmata, 

cucullata, • 

tricolor, 

canadensis, 

pubescens, 
Vitis vinifera, 

labrusca, 

cordifolia. 



This catalogue is not by any means complete, as representing 
all the plants found in this vicinity, there being several important 
divisions of the vegetable kingdom, in which only few are named, 
but it contains all those most ordinarily found, and which I have 
had leisure to collect. 

JOHN B. ZABRISKIE. 

FliUhushyJiec.iUh, 1834, 



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No. ^0.) 18a 



Synopsis of « Meteorological Journal kept in the c^ ofMhthYorkj 
dUfii^ the years 1888 and 1884, by W. C. Re^eld. {Commu^ 
mealed by the author J) 

The annuaJ report of the meteorological obaervatioDs which are 
made at the several academies in the State of N. York, under the 
direction of the Regents of the Univenity, is justly valued as com- 
prising the most extensive s^stenn of cotcmporaneous observations 
that has yet been placed within the reach of scientific inquirers. 
A desire to add in some degree to the mass of information con- 
tained in this document has induced the communication to the bo* 
norable Regents the observations and remarks which follow. 

The meteorological journal from which the observations are 
compiled, has been kept in the city of New-Yojk, from which lo- 
cality returns do not appear to have been usually made to the Re- 
gents. Besides the usual notices of temperature and winds, care 
has been taken to observe with particularity and precision the di- 
rection of the more elevated currents of the atmosphere as indica- 
ted by the movements of the clouds, with a view to ascertain the 
connexion, if any, which exists between the movement of the sur- 
face winds, and the higher current. It was also desired to aflbnl 
to some extent by these observations the means of asc'crtaining 
the consfxutive cliaracter, in a geographical view, of those atmos- 
pheric changes which are so constantly experienced; of which, ap- 
parently, so little is understood. 

These observations have accordingly been made at frequent pe- 
riods, commencing with the hour of 6 A. M., and ending with 10 
P. M. 

With the same objects in view the state of the barometer, so 
interesting in its connexion with the vicissitudes of weather, has 
been duly noted at the same periods. 

The following table exhibits the results of the observations of 
the surface winds, and also of the more elevated current, or main 
wind, as indicated by the highest observed movement of the clouds. 



184 



[Senate 



TABLE OF RESULTS. 



ObMnratlom Isr tbe year 1833. 



January, 

Februai'y, 

March, 

April, 

May 

June •• ••*.d. « 

July,..;. ...... .*4 

August, 

September, 

October, 

November, 

December, > ••.. .4. 



Sur&be winds. 



•I 



•9 



> 



32 
22 i 
29 i 
22 
4U 
15 
15 
28 i 
25 i 
151 
23 
79i 



& 



09 • 
W 



02*0 

' - ■- 



349 i 



9 

5i 
21 
26} 
55 i 
33 
]6i 
30 i 
131 
23 
il 

1 



OS'S 



i 



*•« 



^-.^— ii 



246 



59 

48 i 

49 i 
63} 
32 
45 
74 
59 
64 i 
54 
74 
23 



646 



35 

57} 

47 

23 

13 

47 

40} 

31 

29} 

44 

36 

43} 



tllgbeAt ottMrred eoneiite. 





e 

& 


• 


85 §• 


« 


n 


l| 


1 


1 


B.S 


£ 


8 


& 


£ 



*^ 



447 



5 

1 

4 

4 

3 



5 

1} 

9 
12 

5 
28 



77} 



6 

1 

4 

3 

3 

1 

2 

3} 

3 

5 

4 

1 



36} 



• 

as 



46} 

45} 

53 

65} 

77} 

40 

65 

83} 

89} 

77 * 

62 

53} 



758} 



30} 

48} 

25 

28} 

281 

68 

54 

85} 

20} 

83 

26 

25} 



423} 



From the at>ove table it v^ill be seen that the total of easterly 
wiads observed during the year reckoned in periods of four hours 

each, is •••••..*• i < 595} 

Total of westerly winds, • • • • 1,093 

The prevailing winds are the southwesterly. But the predomi- 
nance of westerly wind at the surface is far less striking than that 
which is exhibited by the upper wind, or main atmospheric cur- 
rent, the observations of which it will be seen are as follow: 

Easterly, 114 

Westerly, 1,182 

The prevailing upper current, or natural wind is also southwest^ 
erly. 

Proportion of l^e^terly surface wind in 1,000, 647 

** " upper wind in 1,000,.... 4 912 



Mo. m] 



ObNTMiwi te Um rMrie34. 



January,.. . 
February, . 
March, ... 
April, . ..- 
May,.... . 

June, 

July 

Aogiut.... 
September, 
October. . . 
November, 
December,. 



Surihoa wiBdi. 


HiahMtotMryMlamnt. 


1 


1 


1 


1 




t 


i 


i 


u 


bi 


» 


» 


1 


u 


» 


» 






-■ ' 


i 


s! 


i 


38 


11 


Sil 


67 


4 


6fl 


301 


<S 


in 


35t 


39 


7 




6fl 


301 


1» 


IS 


70 


3« 


3 




78 


33 


47 


ni 


44) 


36 


5 




641 


341 


■a 


•a 


611 


361 


8 




66 


31 


tni 


87 


3«l 


36 


11 




341 


431 


3S 


131 


(W 


» 


3 




mm 


361 


49 


III 


631 


«4 


» 




«i 


881 


!!9I 


13 


31 


841 


6 




781 


31 





• 


3« 


«7 


3 




701 


40 


m 


ai 


63 


Ml 







Ml 


4« 


43 


1 


481 


861 


4 




91 


37 



382 140i?04M47 63 361763 380 



The observRtioDB of easterly winds as shown by the last table, 

are 631 1 
" of westerly " « " 1,161* 

PreTailing winds, southwesterly. 

Observations of easterly upper wind, aOi 

•* of westerly " 1,143 

Prevailing upper winds, southwesterly. 

Proportion of westerly surface wind in 1.000, 68i 

" of westerly upper wind in 1,000 838 

My joamal for 1S33 n imperfect in conse<)uenoe of interrup- 
tions, amounting in the aggregate, to about three months, and is 
(Jiereforo omitted. The proportioa of westerly winds which it 
reconls, is 673 in 1,600. 

These resalts, in their general character, appear to coincide, 
with the observatinns which have been made in other parts of the 
United States, and it is believed, are by no means peculiar to the 
locality in which they were observed. Indeed there is evidence 
which is deemed sufficient to establish the position, that we have 
a southwesterly and westerly current of atmosphere, of varying 
altitude, sweeping over the United States as regular and as con- 
stant as the northeasterly and easteily winds which prevail at the 
island of Barbadncs, or in the general region of the Iradc-wiods. 

The results of the thermometrical observatiotis are omitted, as 
being of less general interest in an abstract of this kiud. 
t^oate, No. 70.] 34 



(SsXiiTE 



fn the foregofng tabfes, in quartering the Rorfzon, the first or 
eardinal point in each quarter of the compass is ioclttded; N, be- 
ing included in the N. £» quarter^ £w in the S. £. quarter, &c. 

It 19 deserving of particular notice that during some of the cold- 
est periods oF winHcr in this occaMoaally severe climate, the pre- 
domincfrting winds blow from- the soothweslcrn, or southern quar- 
ter of the horizon. This* fact appears to be established by the an- 
nual reports which have been made tfo the Regents of the ¥aiver» 
sity^ snd^ it is believed, will become obvious in- proper tion to the 
accuracy of oar observations*- It suflkicntly demonstrates (with- 
out resorting to other evidence) the fallacy of the notion commoo- 
ly entertained, that winds are generally rectilinear in their pro- 
gress and blow for the most part, i» right lines, over extensive 
portions of the earth'^s surface^ an error which appears to remain 
mpdislurbed in the minds of moat meteoroFogists. 

OF TH& BAROMETER, 

The resalts in the foUowing barometrical table have been ob- 
tained from a 'well adjusted barometer^ the position of which is 
supposed to be about 1(^ ieet above the mean level' of the water in 
Mew- York harbor* 



TABLE of the mean height of the barometer in tneiet, being the 
result of 5 daily observationSj during the year 1893^ 



asi 



1833, 



January, 

February, • • • . 
March,, r • • * «^ • 

April, 

May, 

June,.....-. ••• 

^ly, 

August, 

September, • • r 

October, • • • • • 

November, . . . 

December, ••• 



* • • 



6 Av Bl* 



Annual means, • • • 



29^, 

30. 

30 

3a. 

30. 

29 

30. 

30. 

30. 

30. 

30. 

30. 



975 



10 A. M. 



041 
080 



29. 



30. 
30. 



3 P.M. 



983 
068 
104 
031 130.060 
117 
903 
020 



eP,M. 



063 
943 

on 

008 
078 
021 
091 
124 



30. 
29. 
30. 
30. 
30. 
30. 
30. 
30. 



80.039 



094 
042 
097 
153 



29.963 
30 .001 (30. 
30. 030130 . 
30.023 30. 
30.092|30. 
29.934|29 
29.992 29. 



10 p. M. 



29.975 29.978 



0I2;30. 042130.031 
035 3&. 
000 30. 



074 
922 
978 



023 29 . 973;29 . 992|3tt . 

052:30. 



30.065|30. 
80.00630. 



.062 



MoolUj 



29.975 



30.063 
015 30.025 
3O.O89J30.(^7 
29.94029.940 
29.991 29.998 
907 30.006 
975 30.074 



30.056 



80.061 
30.116 



30.021 



006 



128 



30.017 



30.028 



30.057130.067 
30. 



30.133 30.131 



30^033 



80.021 
30.075 



The irregular and more striking variations of the mercurial co- 
lumn, as connected with the prevailing atmospheric phenomena, 
cannot be shown in this summary, but would require a transcript 
of the entire journal. The regular semidiurnal or horary oscilla- 
tions of the mercury are, however, distinctly manifested by these 
observations, though not made at the hours considered most favo- 



Jio. 70.) 



l^ 



rable to 4faat abjetfU It wfQ be ieen thait ihe mean rnge of thia 
regular osciUation, as between M A.iL and 6 P. M« is ^039 iocb- 

The annual mean of the mercurial column as deduced from aH 
the observations is SO .033 inches. 

During the first five months of the year the indications of the 
barometer may have been slighily redoced by a trifling inolinatioR 
of its position, oeciasioned by the weight of mercury in the basin. 
Measures were then taken to prevent the recurrenoe of this do- 
s^ngement. 

TjSBLE of the mean height of ihe baromelter at the hours iherem 

men&oned^ for ihe year 1834. 



1884. 



January^ •«•••«•««« 

February,, 

March^*.««« •••••« 
April, ^ • • 

A'layi,.. ••-••••••• •••• 

June,*..» «• 

July, ....••.^.^•** 
Augast,^.. 
September, . 
Octi>ber, • • • 
November, . 
December, • 



•SiuBL 



10 A.M. 



SP.M. 



30. 230;30.250 30.228 
30. 11 8)80; 1 76130. 123 
30.193.30.346 30.184 



)•• • • • «• 



30.084 
30.020 
28.B99 
80.084 



30.030 30.047 
130.175 30 18! 



80.108 
30.050 
39 932 
30.105 



6 P.M. 



30.230 
30.118 
30.153 



I J P. M. 



30.256 
30.126 



MoaAlf 



30.239 
30.133 



30.199:30.195 
30.073 30.078 
30.049 30.035 
29.942 29.923 
30.073 30.078 
30 . 033:39 .01 8|30«O84|80 . 033 
30.154 30.138 30. 127,30.162 



30.072 30.052 
30.035;30.019 
29.91929.918 
30.06230.065 



Annual means, . . • 



30.193 
30.091 
30.1461 



30.106 



30.196 30.168 



30^117 
80.177 



30.078 
30.131 



30.183130.099 



30.159 
30.079 
30.147 



SO. 196 80. 183 
80.098|80.094 
89.308i30.16l 



80.092)30. 1 18| 



Jkfeam raage of the semi-dnimal vacillations, as between 10 A. 

M. and 6 P. M., 041 inches, 

Mean of the two years, 1 833 and 1834, 040 

Jf eao of all the observations in 1834, 30. 1 1 

^ ^ in 1833 and 16349. 30.07 






XI 



189 [Sbnats 

TABLE ihauAng the monthly mazimvn and minimua of ike ba^ 

rometer^ for the years 1883 and 1834^ 



I 



1838. 



January, ..r 
February, . .r 
March,... ••< 

April, 

May, ...... 

June, 

July, 

August, • . • « 
September,. 
October, . • • 
November,.. 
December, • 



» W 9 * • • . 



I 



I 



30.491 

S0i47 

30.52 

30. 4d 

^0.87 

30.28 

30.25 

30.22 

30.20 

30.52 

30. ••>7 

30.50 



20.32 

2».47] 

21^.57 

20.42 

29.72 

26.62 

29.65 

29.701 

29.84 

29.301 

29.48 

29.50 



1.17 

1.00 

.95 

.98 

.65 

.66 

.60 

.52 

.46 

1.22 

1.09 

1.00 



80.57 29.32 1.25 



1884. 



■ 



30.65 

30.61 

30.78 

80.691 

30.50 

30.23 

30.42 

30.281 

30.60 

30 53 

30.60 

30.56 



29.65, 

29.64 

29.69 

29.54 

29.67 

29.34 

29.801 

20.78 

29.71 

29.71 

29.44 

29.45 



30.78 



29.34 



l.in, 
07 
1.09 
1.15 
.8S 
.89 
.6t 
.50 
.89 
.62 
1.16 
1.11 



1.44 



Of the monthly maximua of the barometer in 1834, j\ occur- 
red with the wind in the N. E. quarter; with the wind soutbeut- 
erly, none; -^ with the wind in the southwestern quarter; and^ 
with the wind in the northwestern quarter. 

Of the moniMy minimum rV occui'red with northeasterly winds; 
j^ with southeasterly; -f^ with southwesterly; and none wiib 
northwesterly. 

A baiORietrical journal, if* made in connection with the obter- 
▼ations now required by the Regents, would increase the interest 
of a scientific observer in the ordinary phenomena of the atnms- 
phcre, and nuiy be otherwise of practical advantage. A full tible 
of such observations, made at frequent daily peri<Kis, and simalta* 
tancously. at some six or eight academies in different parts of the 
State, would increase the value of thi»sQ reports for which the sci- 
entific world is already so much indebted. 

It is res|)ectfully suggested, whether barometrical reports to this 
extent may not be obtained by the voluntary action ot gentlemen 
of science, having charge of these institutions; and whether such 
a result may not be facilitated by furnishing, if necessary, a limi- 
ted number of suitable instruments to certain academies for this 
object The barometers, if well selected, and once carefully ad- 
justed in a secure position, are hut little liable to derangement, 
and, where not already possessed, will prove a valuable acquisi- 
tion to the philosophical apparatus of those institutions. 



No. 70.] 



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STATE OF NEW-YORK. 



No. 71. 



IN SENATE, 



March 16, 1835. 



REPORT 

Of the committee on the judiciary, on the memorial of 
the mayor, aldermen and commonalty of the city of 
Albany relative to the Albany basin* 

Mr. Edwards, from the committee on the judichiry, to whom 
was referred the memorial of the mayor, aldermen and commonal- 
ty of the city of Albany, and also the memorial of the owners of 
lots and docks, and of divers other citizens, relative to the im- 
provement of the Albany pier and basin, and the remonstrance of 
the pier owners, 

EEPORTEDc 

That they have examined the subjects mentioned In the several 
memorials referred to them, and also considered the reasons con- 
tained in the remonstrance against granting the several applica- 
tions of the petitioners, with that attention the importance of the 
subject appeared to demand. They have also received such testi- 
mony as the interest of the parties and the nature of the case 
seemed to require in relation to the several subjects committed to 
their charge* 

It appears from the examination the committee have given the 
subjects mentioned in the memorials of the lot and dock owners and 
other citizens, that the difficulty of entering the basin on account of 
the bridge over the lock, and the bridges over the basin, together 
with the double dockage required to be charged on all river craft en- 

[Senate No. 71.] 1 



^ (Sknate: 

fwring the same, induces vessels to lie on the east side of the pier, 
and that the emoluments of dock owners on the west side of the 
basin are thereby rednced. These, however, are difficuhies necessa- 
rily resulting from the provisions of the act authorizing the construc- 
tion of the pier. By that act, passed the 5th of April, 1823, the pier 
lock and bridges were authorised to be constructedr Commissioners 
were appointed for that porpose, and on complying with the provi- 
sions of the act, letters patent were to be issued by the Commission- 
ers of the Laod'Office to these commissioners, who were to divide 
the pier into lots, to scU the lots at auction, and convey such as were 
sold to the purchasers. These commissionera constructed the pier, 
lock and bridges according to the provisions of the act^ obtained 
the necessary certificates, which were filed and recorded as the act 
required. The Commissioners of the Land-Office thereupon issued 
lattery patent to these commissioners, who divided the pier inU> 
lois, soM these lots, with the appurtenances, at public auction, and 
conveyed theiA to the several purchasers; and the lots thus con- 
veyed, together with the appurtenances as they then were, with 
the right of sharing in the double dockage required to be charged 
by the act on vessels entering the basin, becaoae the individual 
property of the pi^rchasera. The right of double dockage, there- 
fore, being an appurtenance to the pier property as wett as of the 
dockSf cannot, in the opinion of the committee, be varied or alter- 
ed without the consent of the owners of the pier, nor can the lock 
and bridges be widened or altered, or any of the pier property ta- 
ken, unless for pubfic improvement, on paying the owner such da- 
mage as he may sustain thereby. The on>y question, therefore, 
as it appears to the committee, is, what improvements does the 
public interest require, and how far do the contenoplated projects 
justify the taking of private property for their accompKshment! 

The oommitlee are fully aware that the building of the pier has 
been an imporunt improvement, and has contributed most nwn- 
tially in promoting the commercial interest and prosperity of the 
city of Albany. They therefore feel great reluctance in recom- 
mending any measure that would have a tendency to impair its 
usefulness and importance, unless public interest should most im- 
periously require it And such, they cannot believe, are the press- 
ins necessities for opening the pier at this time for pubKc use, u 
to justify the committee in recommending that project to the favo- 
rable consideration of the Senate; but the time may hereafter come 
when such a measure may be deemed expedient* While, however, 



No. 71.] 8 

they view this measure unfavorably, they are fully of the opinion, 
from the testimony, that the petioners are entitled to relief in oth- 
er respects. 

The lock, as well as the passages under the draw bridges with* 
in the pier, as it appears from the evidence produced to the com* 
mittee, are not of sufficient width to admit with convenience the 
passage of all description of river craft with their loading. As one 
of the designs of the basin was to accommodate such boats and 
vessels as should navigate the river, these difficulties should be ob- 
viated. 

It is also satisfactorily shown to the committee, that the basin 
is in a very imperfect state, and but illy accommodates the com- 
mercial interests of the city. Much testimony has been produced to 
show what was the condition of the river previous to the construc- 
tion of the pier; the changes which* have taken place since the pier 
was erected, and the causes which have conspired to produce those 
changes. From this testimony, we are led to the conclusion that 
the alluvial deposits washed from the hills, as well as those thrown 
in from the river, through the opening at the north end of the pier, 
together with the obstruction of the current of the water within 
the basin by means of the bulkhead at its southern termination, are 
the principal causes which have produced the changes in the depth 
of the water in different places within the basin of which the pe- 
titioners complain. These alluvial deposits appear to be constant- 
ly increasing within the basin, where the dredging machine has 
not been used, and especially in that part of it lying north of Co- 
lumbia-street bridge; and unless some efficient measures be adop- 
ted for their removal, will soon, in all probability, not only in a 
great measure destroy the navigation of "the basin, but most seri- 
ously affect the health of the city. 

The committee, therefore, feel it their duty to recommend an 
excavation of the basin as the most effectual, if not the only 
way to remove these obstructions. And with a view to increase 
the velocity of the current within the basin, so as to prevent allu- 
vial deposits from again accumulating when once removed, they 
recommend a removal of a portion of the bulkhead, and an exten- 
sion and straightening of the docks on the west side of the basin. 

Should the improvements they have seen fit to recommend be 
adopted, and should experienee prove them to be insufficient, fur- 



4 [Senate 

ther improvements may hereafter be recommended. But the com- 
mittee cannot conceive it therir duty to recommend the taking to 
a greater extent the property of individuals for public parposes, 
until they are further satisfied of the absolute necessity of doing so, 
from the failure of the improvements they have already recom- 
mended, should they be made, to accomplish the object designed. 

* 

In conformity with these views, they have prepared a bill, tod 
ask leave to introduce the same. 



STATE OF NEW-YORK. 



No. 72. 



IN SENATE, 



February 19, 1835. 



9fe 



SIXTEENTH ANNUAL REH)RT 

or die Trustees of tkie Bank of Savings^ for the year 

1884. 

Pursuant to ike provisions of ao act, entitled ^* An act to incor* 
porate an association by the aaliie of the Bank for Savings in the 
city of New- York,^ the trustees now beg leave to preseat their 
aixteenth report as follows: 

FlrsL — Thai the trustees have received trom eighteen tbotisaad 
three hundred and twenty-five depositors, from the first of Janua- 
rjr to tlie thirty-first of December, 1S84, the sum of doe millroii 
mnd seventy-four thousand eight hundred and twenty-two dollars 
and tharty-oae ceots^ ia the following manner: 



In the month of January from 


•1,988 dep99tftors^ tM^SlS 1« 


u 


Fehniary^ " 


1,278 


44 


eT,SVB 4t 


4» 


Uvtk, «< 


1,496 


44 


74,«*r M 


<i 


April, 


1,098 


4C 


M,sai M 


n 


May, 


1,826 


44 


MySTS 00 


U 

• 


June, ^* 


1,915 


a 


nft,«40 19 


41 


July» '' 


1,494 


C( 


»e,«68 &I 


U 


August, ** 


1,457 


M 


B6,Wi 46 


a 


6eptem%er, " 


1,891 


44 


81,821 80 


44 


October, « 


1,878 


44 


78,405 48 


44 


November, ** 


1,855 


U 


84,118 00 


4» 


Dece mb*r, " 


2,824 
1«,885 


14 

f 


147,504 85 
«l,074iflpK 81 


[Senate No. 


72,] 1 









9 (Sei?ATff 

Sectmd. — That the sum of one roilfion two honcfred and thirteen 
diousandsix hundred and thirty-four dollars and seventy-two centv 
has been drawn out by fifteen thousand seven bmidred and eighty- 
seven depositors. Of this number three thousand five hmdred and 
ten have closed their accounts: 



In the month of January^ paid 1,847 drafW, 




•I81,SI» 67 


u 


February, 


" 1,570 


U ' 




141.407 Sft 


H 


March^ 


••^ 1^6 


ct 




IS8,«S7 7» 


u' 


April, 


^ 1,542 


u 




143,586 9S 


C4 


May, ^ 


** 1,640 


u 




10ft,781 97 


a 


•rSHie,' 


^ §68 


u 




56.6n S6 


ti* 


July, 


'' 1,465 


<( 




118,963 OO 


u. 


Augnst, 


"^ 1,464 


«4 




97,986 OS 


C( 


September, 


*' 1,167 


<l 




88,683 89 


u 


October, 


"* 1,269 


u 




87,866 78 


•1 


November, 


«' 905 


It 




66,806 SS 


«4 


December, 


" 659 


Cft 


1 


88,646 04 



15,787 



61,218,684 72 



TMrd. — The depositors have been classed under the following 
heads of professions and occupations; 



Accountants, •••••••»•»•# 8 

Attorneys, •••••• •• • 9 

Blacksmiths, 100 

Barbers, 16 

Boarding-houae keepers, • • 48 

Bo<AselIers, 5 

Butchers, 10 

Bookbinders, • 18 

Bakers,. 4 74 

Bookfokters, 8 

BruahflMkers, 8 

Brokers, •• 1 

Boatmeut 8 

Brewers, • 2 

Button-makers, •• 2 

Cooks,...* 17 

Clerks, 128 

Cartmea, ••••.•• 72 



Carpenters, •» • 146 

Chairmakers, .»••• 8 

Coachmen, •.. 6 

Curriers, ••..••• •••• 5 

Carvers, •••••• S 

Coopers, ••••I. IS 

Cabinetmakers, ...« ••••«• 68 

Confectioners, ... . ..••.•• 10 

Combmaken^ 2 

Comedians,.*.... ......•• ^ 

Collectors, #•• ^ 

Coppersmiths^ ...•• 8 

Coachmakers, S 

Clothiers, ••• • 1 

Carters, ••.»•.... 1 

Domestics* •••••• • ^^ 

Distillers, .•• ••••••• ^ 

Druggists, ••.* ^ 



No. 7«.l 

Dyers, ...• •••% ..»» ...^^ 

Engineer!, ••%« •••»«« ••*% 
SngniTer8| •••• ••«« ••«• •• 

Farmers, .«««•«*%»••••«• 

Fishermeo, • • • • 

Farriers, •<• ••«• 

Fruiterers, ••• « •••« •««• «• 

Grocers, «« •• 

Gardners, •..•• 

Gold-beaters, «•• 

Glass-cutters, « 

GiMers, «•«««• 

Glover, •••«•«• «•« •• 

Glaziers, «••••,•••• 

Gunsmiths, ««•• 

Hatters, 

Hucksters, 

Jewellers, 

Laborers, •« 

Locksmiths, •••••• 

Lamplighters, « • 

Leather dressers, • • 

Masons, • 

Merchants, 

Musicians, • 

Milkmen, ••.•*••••• 

Minor, • • 

Musical instrument makers. 

Marshals, •• 

Machinists, 

Millwrights, 

Marble polishers, 

Millers, 

Morocco dressers, 

Nurses, 

Night scavengers, 

Oy stermen, 

Ostlers, 

Printers, •••• 

Pedlers, 

Physicians, 

Porters, 

Painters, .^ • • t 



6 

16 

8 

58 

11 

4 

M 

69 

25 

2 

11 

4 

1 

2 

2 

23 

15 

16 

503 

1 

2 

9 

72 

12 

7 

1 

8 

2 

7 

8 

8 

2 

2 

18 

2 

3 

24 

84 

45 

15 



I 



84 



Preachers of the gospel, • • 20 

Pilots, ^....^ 2 

Paper-makers, ..•••. 4 

Pavers, ••••«.«% 4 

Pianoforte-makers, 9 

Rope-makers, .•••••••••• 2 

Riggers, 7 

Seamstresses, ••«%*.%*••» 285 

Ship-masters,* • •••%%••• ^ • 18 

Sailors, %•• 41 

Soldiers,..^. • %••••« 4 

Shipwrights, •«..v.. 20 

Shopkeepers, ....«•• 8 

Stonecutters, « ••••• 82 

Sadlers, 18 

Shoemakers, ..«• 98 

Sailmakers, • 8 

Sugar bakers, •••%* 19 

Sawyers, •.••• ...%• 8 

Students, •«••..••. 8 

Slater, 1 

Segar makers, •••••• 7 

Saussage makers, • » 8 

Silversmiths, .•••• .7 

Teachers, female, ......«• 24 

Teachers, male, 24 

Tailors, 98 

Tailoresses, • • 8 

Tobacconists, 8 

Type founders, 6 

Turners, 7 

Tavern keepers, 84 

Trunk maker, 1 

Tanners, 18 

Tinners, 9 

Tallow chandlers, • 5 

Upholsterers, 6 

Victuallers, 2 

Wheelwrights, 2 

Weavers, •• 11 

Washerwomen, • • . • • 12 

Watch makers, 5 

Whitesmith 1 



4 fSiKKArv 

Watchlben,.«.r »,.• • •^•«. •• .•••••»»»• i 

I^ot described^ being mmov8y fcc^ »»»«'*»r.'..** .rv^r ••r«^^«* 489 



4»IW 



DESCRIPTION OF PERSONS. 

tiUkotUy temalay «»««r ^.^.-^ •-••«» •••••• »•-••••••»» •>•• .^••^•> W 

Minora, roale,...^. ••• •*••••»•• ,»..^k.^.« • 97 

AppreBlicefy..«-r.... r*..*'*^...'. ....^.r* ,» t 

■ingle women,. ••• .#r«^«* .^..^ • * ,. BSt 

Trusfeetr (deposite in trust for children^ orpbaos^ apprenti- 
ces, serrants, fee.,). ... ...r ^ »r....^.*., 88ff 

Colored peraont, ..4. •^..^ # •••*• •»»•>••*• .>•'. •^•.••-••••. ... 16S 



tburth. — ^The deposits have beeir made in the following svms: 

From* Ifo 5dollarsy ..,• ..*. ,•• 1,488 

" . *to 10 •* 1^847 

** lOto m *♦ .,.. 8,M8 

•• aOta 80 •♦ JJ,495 

♦* 80«o 40 •• ,,. 1,484 

♦* 40to 60 •* 1,858 

•* *0to 60 ** 717 

•* 801a 70 " 459 

•* 70fo 80 ** 441 

•< 80ta 90 ** 881 

« 90to 100 •* ; 1,040 

•* lOOtD 200 ** 1^2 

« «00to 800 «• 484 

** 800to 400 '' 200 

*< 400to ^00 '' 148 

♦• 600to 900 ** 87 

•• 800to 700 •* ....' 26 

Carried forward, ..•••• 



No. 78.] » 

Brought forward, • . • ^ 

From 700 to 800 dollars, ,» « 

'« 800to 900 ^« ...• « 

** 000 to 1,000 " 

" l,000to 3,000 " 



14 

9 

14 

14 

18,825 




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No. 7*.] 7 

The fundi of the institution aire invested in and consist of: 

Ist Funded debt of the State and the city of New- York and 
Pennsylvania and Ohio canal stock at par value, $2,346,508 78 

3d. Bond and mortgage of the public school socio* 

ty, #80,000, and deposites in bank of New- York • ^'^^ 

and bank of America, f400,000, • . 480,000 00 

8d« Real estate — a building for the accommoda- 
tion of the business of the bank, and furniture,. 22,242 78 

4th. Cash uninvested, being a balance in the Mecha- 
nics' bank this day, 279,656 68 

•8,077,498 24 



ttm 



The bank has been in operation near 16 years, during which 
time it has opened 43,696 accounts, and received altogether from 

depositors, 99,976,959 55 

To which add interest up to ist Jan. 1885, say... 1,070,616 07 



"■■•p 



$11,047,575 62 
Closed during the whole period 21,102 accounts, 

and paid out altogether, • • ••.••• 7,961,887 37 

Leaving 22,594 accounts entitled to this balance, . •8,085,738 25 
which will average about $137 to each account; thereby demon- 
strating that the design of the Legislature in chartering this cha- 
ritable institution has been fully accomplished, by extending to the 
poor and laboring classes the benefit of keeping and employing 
their little earnings for their security and advantage. 

JOHN PINTARD, President. 
RoBT. C. CoBNBLL, Secreiorjf. 



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STATE OF NEW-YORK. 



No- 73. 



IN SENATE, 



Maroh 10, 1835. 



REPORT 

Of like Mafaawk and Hudflon RailrRoid Cooipuiy, ia 
obedieaee to a reaohitionL of the Sefiate of the 9tli 
tmtaiit. 

'1h the Ebnerable the SeiuOe of ihe StMe tf Jfym-Vtrk 

The Sacrelary of the Mohawk and Hudson Rail-Road Compa- 
•y, in obe4ieaee to the resdnUon '* that the Mohawk and Hudtoa 
JJUil-Read Company report to the Senate, ^the qiiaatity of land 
|Nurebated ^ oontracted for, at and contiguona to the eastern and 
western terminations of their said road, and the amount of money 
pud and to be paid therefor; also the amount of money received 
by the said company for the transportation of property and pas- 
eengers en the said road, from the opening of the navigation of 
the Hudson river in the spring of 1834, until the final closing of 
the Erie canal on the fourteenth of September in that year; and 
also the quantity and kinds of property so transported,*' 

Rbspbctfoixt RBTOBxa: 

• 

That in answer to the first subject of inquiry he would piremise, 
that the said company extended their road from its point of inter* 
section with the Erie canal to the Mohawk river, for the purpose 
of afibrding the means of a junction with the Schenectady and 
and Saratoga Rail-Road Company, and in case the end of such 
extended track is the western termination of their road, then they 
have no land at and contiguous to the said western termination; 
but inasmuch as regards the operations of the said Mohawk and 

[Senate, No. 73.J 1 



9 (AtSSVBLT 

Hudson RaiT-Road Company, their road has terminated near the 
said point of intersection ai wd contiguous to which the compa- 
ny have purchased or contracted to purchase land, the same his 
been assumed for the purposes of this inquiry aa the said western 
terminatiour 

With tfiia explanatiotti tbe Mid company have pmrebased aod 
contracted to purchase, at and contiguous to their eaatem and 
western terminations^ ft|^|e6^ acres and six hundred and eighty 
thousandths of an acre, and have paid and are to pay for the ssme 

the sum of eleven t^usand akie hundred and twenty*£ve doBars. 

*•*"•••■ • * 

In answer to the second branch of the hiqairy he states, that 
there has been received by the saifi^ company, for the transporta- 
tion of property and passengers on the said road, from the open- 
ing of the navigaiien of the Hudson tiveit in the af>ring of 1884^ 
until tbe final cloiihg of the Erie cabal on the fourteenth of De- 
cember in that year, the sum of seventy*seven thousaiM aix Ipun- 
dred and seventy-one dollars and twenty-four cents. 

In answer to the last branch of the inquiry, there hat been car- 
ried over the road property to the amount of tbirty-oae miMioii 
nine hundred and sixty-five thousand three hundred md sixty-iune 
pounds; that^during the' continuance of said navigation, tlM pro<^ 
perty passing over the road was not, at either end fliereof, reeeiv* 
ed or handled by the agents of the company; that the company 
ceived a stipulated compensation per ton for transporting the 
without any discriminaUon except between property going up an^ 
that coming down; and that they kept an acooimC merely c^ the 
weight of the loaded wagons. 



Att of which is respectfirily 

SAMUEL GLOVER, 
8e4^y M. 4r A Rail-Hoait Campanf. 

Mmy, Mmrtk % IMS. * 



STATE OF NEW-YORK 



No- 74. 



IN SENATE, 



March 30, 1835. 



REPORT 

Of tbe Canal Board, on the memorial of Jolm Mcln^ 
tyre, David W. Wing, Joseph Hunter and Morrel 
Baker* 

The Canal Board, to ^om was referred by the Senate the me*^ 
tnorial of John Mclntyre, David W. Wing, Joseph Hunter and Mor- 
rel Baker, praying a grant of the canal water in the Fort-Edward 
feeder for hydraulic purposes, and in support thereof the petition of 
M. E. Shaw and others; and in support of the grant to Wing and 
Mclntyre the petition of Silas Nelson and others, of John Ross 
and others, <rf Walter Geer, junior, and others, and of Peter Com* 
slock and others, also asking that such grant be made, 

REPORT: 

In the petition first mentioned it is represented that at the time 
the Champlain canal and Fort-Edward dam were first contemplate 
ed by the Canal Commissioners and engineers, it was supposed, 
and so represented by them, that extensive water privileges would 
be created by the erection of said dam and canah that the same 
would be permitted to be used on terms perfectly reasonable, by 
such persons as should be disposed to embark in works of that de* 
scription: that a part of the feeder from said dam was made of 
larger dimensions for the express purpose, as then was represent- 
ed, of supplying an extra quantity of water for the accommoda* 
tion of such works, with the expectation that they would be 
erected. 

[Senate, No. 74.J 1 



I 

^. ft fiirtHer represents, that soon after the completfon nf the dan» 
and feeder a building was-ereeted for the purpose of carding wool 
and fQlling clbth, and ttial the machinery for the works were 
driven by water drawn from said feeder, without any opposition 
from the persons having charge ef tlie caoaJ', if net witb their eiK 
lire approbation*- 

It further represents^ that, as it war believed that abundance of 
water might be furnished for other work» without injury to the 
canal, a grist*miN and trip-hmnmer were subsequentiy erected^ 
also dependent on said feeder for water? that alf these work» 
have been nrrany yeara in operation, ef which the ageata of the 
State on the catiai have h«d a full and perfect knowfedge, and no* 
objection has ever been made by any of ttiem to the continuance* 
of said works, untiF within the fast year, when, mueh to the sur* 
prise of the petitioners^ an order wa» iasiied. (wrthoist prefious 
notice,) by the acting Commissioner, directing said works to be 
closed by permanent embankments, thereby rendering said works 
of no vatue to the owners, ^nd depriving tlie citizena of Fort^Ed* 
ward and the adjacent district of having their basincas done a» 
they were wont to da since said mtfts hwe- been » opeMHioB. 

In this petition it i» further alleged^ that no injury to the canal 
navigation has been caused by the hydraulic works erected on said 
feeder: that no water haa ever been drawn for their use except 
when it was abundant:: that the petitioners have at M times dii* 
continued the use of thciv works when- re<|aired by any agent of the 
State; that they hsFve done all in their power to add to the sscu* 
rity of the crniak that they beKe^e thai an impartial tribunal 
woukl decide that it has been decidedly beneficial to the canal 
during the navigable season of the year, by pasaing water from 
the summit to the level betdw, without whidi the canat couM not 
be supplied but at great expense to the Stater that the proprietors 
of the grist-mill constructed a waste-gate, to pass water fr.»m the 
summit when that passed by the mill should prove insufficient: 
that it is not unfrequent that this waste-gate must be kept open 
when th«? mills are in full operation, the water passing through it 
when the mill is closed being absolutely necessary to supply the 
canal. The petitioners allege that they ought not to be regarded 
as treapasscrs on the rights of the State or subject to the penalties 
inflicted by law on the violators of their proviaions: that at an 
early period before or after the erection of their works^ an ellbrt 



No. 7*.! » 

"was made with the agents cff the Slate for a lease of fhe tforptns 
"waters of the Fort-E<hvard dam and feeder: that the negotiation 
was ooniioned for a considerable length of time, and nothing def- 
initively «e«t)ed until about fhe year 18S9, nrhon the acjltng Canal 
ComnussioBor, on thtft portion of the canal, delivered to tlie pro^ 
prietors of -said miHs a copy of a resolution of the Canal Soard, 
£xing a price for fthe iise-crf said surplus waters; and that the peti- 
tioners then agreed to take 'leasee: that the proprietors of the 
-grist-miU, en receipt of a copy of such resotution, delivered to the 
Commissioner a written acceptance of the terms upon which said 
water was to be leased, but that before leases were executed the 
licgislature, by joint rescBution, prohibited the Canal Commit- 
«ioncrs from making leases of surplus water, except in certain 
<ases; and that they have at all times been ready and willing to 
pay a reasonalilc rent for aM the privileges they have enjoyed* 
These petitioners also state, that, ** to secure the rights of indr> 
vidoals who have vested a large amount of capital in hydraulic 
works on «aid feeder, to preserve the faith of the State, which 
your petitioners oonfidentJy believe was pledged for the use of the 
surplus waters of said feeder, by the acts of the Canal Commiv* 
aioners and Canal Board, to stop unnecessary litigation^ the pro^ 
prietors of the grist-mill, to secure what they conceive to be their 
just rights, have been driven to the necessity of applying to the court 
of chancery to stop the further proceedings of the acting Commis^ 
aioner.^ 

The petitioners pray the passage of a law directing the Canal 
Board to execute leases ol the surplus waters of the Fort-Edward 
feeder to the proprietors of hydraulic works thereon, upon the terms 
stipulated by the resolutioR of the Canal Board referred to in the 
petition* 

The Fort-Edward dam b of wood, about S8 feet high, and near^ 
ly 1,000 ft. long, and presents a surfacefor leakage of about 70,000 
superficial feet By a breach in this dam in isss, and from its par^ 
tial failure in the dry season of I6S4, as stated m the last annual re* 
port of the Canal Commissioners, the water in the surface of the 
pond was^ in the last year, for several weeks depressed below the 
top water line of the Champlain summit* In its present state, 
there is not at low water, sufficient water passing over the dam 
for its preservation. A guard lock of wood defends the canal and 
feeder from the floods of the river; and the feeder is a navigable 



4 [SsKate: 

ctoiof eotniocted aTong the foot of a hitt, of titdtng clay, and rap*- 
ported on the opposite side by a high towing-path embankment, U> 
the Champimn summit, of wbieh it ia a part Between the guard 
lock and hydraulic works mentioned in the petition, n a waste- 
weir, to discharge over the lands of Timoviy Eddy any surplus 
waters which might endanger the canaK 

This feeder was designed to supply the ChampTain canal norther^ 
ly 12 miles, to Fort-Ann, and the three locks and short levela 
which conduct the navigation into Halfway brook. Any deficit of 
water in the feeder will be experieoced at the north end of the iZ 
mile level, and this inconvenience is often felt in that direction. 

This feeder is also designed to supply the canal from the ram- 
fiiit to Fort-MiUer, a distance of about 8 miles, with two locks; 
and in seasona of low water, «id when the water in the Fort* 
Miller pond is depressed by any teaki^ at that dam, the su{^ly 
must be drawn for the canal, to the Saratoga pond, an additional 
distance of about three miles with three locks. In generali therefore, 
the water to be passed round the Fort-Edward lock, must supply 
the canal eight miles, and for short and dry seasons, eleven miles ; 
while the supply to be sent north, should af afl times be sufficient 
for about twelve miles of navigation. The rappTy in either direc- 
tion is aided by the Glen's-Fatls feeder, which dischaigea into the 
rammit about two miles north of the Fort-Edward k>clu That 
feeder is a navigable canal of about seven miles to the dam, above 
all the hydraulic worka at Gien's-Falls and Baker'arFaUs, and ia 
its present state, much contracted, and the drawing of water 
through it for the rapply of the summit to that extent, reduces the 
hydraulic pow;er of^he river below. In order to eflect this grea- 
er draft of water through this narrow canal, as has been necessaiy 
the last two years, it is necessary to raise the water by brackets 
on the GlenVFalls dam, and the water in the pond and the upper 
part of the canal, and dopress it in the canal by drawing it down 
at the first lock near Sandy «Uill, causing at the upper end a heavi- 
er pressure on the banks and bottom, much of wbidi n subject to 
leakage^ a more rapid current to wear, and at the part near the 
locks, reducing the water too low for convenient navigation. It 
is, therefore, desirable to avoid any large draft by this feeder. 

Shortly after the erection of the Fort*Edward dam, a saw-miH 
was eonstructed at it, by Melanpton Wheeler and Timothy Eddy, 



No- 74.] 5 

as the Board are informed, between the guard lock and river. It 
was operated for several years by water drawn from the Fort- 
Edward pond. It became decayed, and the State, in the repair of 
the dam, was at the eipense of cutting loose its connection wjth 
the dam, and repairing the cuts which had been made in it for 
flumes. 

The fulling-mill and trip-hammer shop mentioned in the petition, 
were erected in part on the south embankment of the feeder, and 
in part on the lands of Timothy Eddy, over whose land the feeder 
at these points is located. These draw their water from the feeder 
below the guard gate, and discharge it into the river below the 
dam. 

The grist mill of Wing & Mclntyrc, mentioned in the petition, 
is erected in part on the sooth embankment of the feeder about 
four rods from the Fort-Eidward lock, and in part on the lands of 
Daniel W. Wing and John Mclntyre. The lift of the lock is about 
ten feet, and constitues the head and fall of the mill. It is a good 
substantial grist mill, with elevators for grain and flour, and the 
apparatus usual in grain mills for country work. It has three run 
of stones« operated each with a tub wheel, by water drawn from 
the feeder, and passed into the canal below the lock. The water 
necessary to operate such wheels will be double the quantity re- 
qnijed on wheels operated by its gravity. 

It is not believed by the Board that any agent of the State au- 
thoriased or has assented to the erection of either of these hydraulic 
works mentioned in the petition. They have been erected at the 
peril of the proprietors, like many other encroachments on the ca- 
nal. No wall has been erected for the security of the canal or to 
sustain the height of the water at either of them* In connection 
with the grist mill flooms, the proprietors constructed a gate 
through which the water from the ieeder can be drawn to supply 
the level below. The canal at this point was completed in 1822, 
and the grist mill in 1827. Until after the mill was erected, the 
supply of water for the canal was drawn through the lock. After 
the gate in the mill floom was constructed, it was passed either 
by the mills, or in the option of the lock tender, through the lock' 
or the gate alluded to. In the winter and spring of 1834, the su- 
perintendent of repairs on that part of the canal, constructed at 
considerable expense near the lock, a stone waste or water fall. 



6 [Sbnatb 

with gatesi m a necessary repair to the canal, and at such, the ex- 
pense was paid by the State. Under the canal law8| if a leaie be 
given for the water to operate the mills, the construction of h e 
guard wall directed by the statute will make it necessary to pass 
the water for the supply of the canal south through these gate% 
as the increased locking on the canal will render it inconvenient to 
pass the water through the lock. 

The Revised Statute relative to the canals took effect Janoaiy 
1, 1828. 

On the application of the petitioners, and those from whom they 
derive title, the Canal Board, September 26, 1828, adopted the 
following: 

*' Resolved^ That the Canal Commissioners be and they are here- 
by authorized to advertise and sell the surplus waters on the Cham- 
plain canal at the following places: 

'^ At the Fort-Edward dam on Eddy's land: 

^' At the feeder on Wing, Mdntyre and Cook*s land, near the 
Fort-Edward dam." 

Under this resolution, the Canal Commissioners, on the 19th 
of June, 1829, ordered the rent for the surplus waters at these 
places respectively, to be appraised by the canal appraisers as di- 
rected by law, 1 R. S., p. 232, § 87 and 86, and after the ap- 
praisal which was made that year, gave the notice thereof as re- 
quired by sections 87 and 88. 

This appraisal <^ the rent was made at the prices osoal in other 
parts of the State where rents had been appraised or reserved for 
the use of the surplus waters of the canals. On notice thereof, the 
applicants alleged that water power at Baker's-Falls, Glen's-Falb, 
and other places in the vicinity of the water in question, was aboo- 
dant, and that the rent for these surplus waters bad been apprsised 
too high, and refused to take leases under and at the rates fixed 
by the appraisals. 

The Canal Board, March 22, 1880, <' resolved that the Canal 
Commissioners be and hereby are authorized to sell at public 
auction the surfdus water of so much of the Fort-Edward feeder 
as passes through the landa of Wing, Itf clntyre and Cook, not ex- 
ceeding the one-half, at an annual rent which shall not be less than 



No. 74.1 ^ 

Beveoty«fiire dollars for the first three years after the date of the 
lease; for the next three years, one hundred dollars, and after the 
expiration of six years, at the rate of one hundred and fifty dollars; 
or they may sell in like manner such portion of the surplus waters 
as will be suflicient to supply three run of stone at an annual rent 
which shall not be less than seventy-five dollars: and they are fur- 
ther authorized to sell in like manner, the surplus waters of so 
much of the Fort-Edward feeder, as passes through the lands of 
Timothy Eddy and Melancton Wheeler, or either of them, for an 
annual rent which shall not be less than seventy-five dollars for 
the first three years after the date of the lease; for- the next three 
years, at the rate of one hundred and fifty dollars, and after the 
expiration of six years, at the rate of two hundred dollars; or they 
may sell in separate privileges from the last aforesaid surplus wa- 
ter, a quantity suflicient for two run of stone, for an annual rent 
of fifty dollars." And by a resolution passed at the same time, it 
was directed that durable lease be executed for either of these 
portions of surplus water. 

The hydraulic works mentioned in the petition had been erect- 
ed before any resolution had been adopted by the Canal Board or 
Commissioners, authorizing any sale of these surplus waters. The 
rents fixed in the last cited resolutions were designed to guide the 
discretion of the Commissioners in the sale, and to guard the rights 
of the State as far as practicable under then existing circumstan- 
ces. The rents were fixed considerably below those fixed by the 
appraisers, but how far below cannot now be stated as the apprai- 
sal cannot now be found. 

The acting Commissioner gave notice to the petitioners, or some 
of them, of the resolution adopted by the Canal Board, and the 
rents fixed by them as the least sums to be bid therefor on a sale 
of the water. They, or some of them, assented to bid these sums, 
if a sale should be made, and expressed their desire to have the 
sale made. 

In these cases, a lease would not confer on the lessee any right 
to use the water without the consent of the owners of the land; 
and no consent, as required by the 69th section of the canal law, 
has been given. Without it, no valid sale could be made in these 
cases. 

This request to sell the water was during the year 18S0; but 
the acting Commissioner had then in charge the construction of 



8 [SSNATB 

the Chemung and Crooked Lake canalsi and was prevented by 
other duties from advertising or making the sale as required by the 
canal laws; and before any could be advertised, the sales were pro- 
hibited by the concurrent resolutions of the Senate and Assembly 
on this subject, passed April 23, 1831. 

The failure in the supply of water by the Port-Edward feeder 
last summer, as stated in the last annual report of the Commission- 
ers, directed the attention of the acting^ Commissioner to this sub- 
ject. He ascertained that no sale of the water had been made, no 
rent paid, no guard wall constructed, and on the 20th of Augoit 
wrote the superintendent of repairs: 

*' Water is drawn from the Fort«Edward level for hydranltc 
purposes, which has in my opinion been of serious injury to the 
canal. By the act of May 6, 1834, p. 577, the Commissioners are 
forbidden to permit this except where it is taken by grant or lease 
authorized by law. You will therefore close with earth, in a safe 
manner, all these hydraulic drains, from the Fort-Edward feeder 
or level without delay; and if any attempt to open them is made, 
the act must be resisted, and prosecuted as a felonious attempt to 
destroy the canal. Vide t R. S. p. 248, s. 180." 

The superintendent of repairs, under dale of August 25, 1834, 
wrote the acting Commissioner: 

^' Yours of the 20th instant, I received on Saturday afternoon, 
and agreeable to your directions, I proceeded this morning with 
a number of men in my employ, (together with a State boat loaded 
with earth,) to stop the water from the grist mill in this village, 
which I was prevented from accomplishing by Daniel W. Wing 
and John Mclntyre, who appeared at the place with from 100 to 
150 men, to prevent by force my carrying the order into execu- 
tion. Messrs. Wing and Mclntyre came on board the boat, fas- 
tened ropes to it, and the people collected, (by their direction) 
drew the boat from the place where I had stationed it, for the 
purpose of filling in the embankment Therefore I have not been 
able to fulfil your instructions so far aa respects the mill. I have 
stopped the .water from Mr. Hunter's blacksmith's shop, and at the 
fulling mill." 

This letter was received by the acting Commissioner on the SOth 
of August His answer of that date expresses the opinioii that the 



No. 74.] 9 

l«w mmt be obeyed; and closes by remarking, <'of the wisdom of 
the law in question no one can doubt. If it can be grossly violated 
at Fort-Edward it may be at other pia<^s, and I have no doubt 
aooa will be. Indeed I detest the partiality of tolerating some in 
these abuses and forbidding others; and I ihink it due to all honest 
men, and to yourself, to punish these offenders and dose the cut 
as the law commands." 

At a meeting of the Canal Board in September Messrs. Wing 
and Mclntyre appeared before the Canal Board and claimed that 
they had acquired a vested right to the use of the water in ques- 
tion. This right was denied by the acting Commissioner. The 
secretary of the Board of Canal Comnfiissioners had not his papers 
with him to examine as to the acts of that Board, and the Canal 
Board could not then decide on the only question then in dispute, 
that is, whether the grant of these waters had been made. It was 
certain no lease had been executed. 

On the 6th of September the acting Commissioner enclosed to 
the soperintendeiit of repairs a bond to be executed to the people 
of this State, by Messrs, Wing and Mclntyre, reciting this con- 
troversy, their claim of right and his denial of it, and to afford 
them *' a reasonable opportunity to apply to the Legislatore for 
relief, and a reasonable time, if no grant to uae the water shall 
sooner be made to them, to remove the said mill and repair the 
embankment and banks of the said canal where cut as aforesaid.'' 
The bond was conditioned that, if no grant was sooner obtained, 
they should, at their own expense, remove the mill and repair the 
embankment and banks by the 15th day of April next, and in the 
mean time indemnify the State against injury to the canal. The 
eoperintendent was directed, '* If, before the expiration of the next 
week, they, (Messrs. Wing and Mclntyre,) will execute and de- 
liver the same," [bond,] ^* to you for the benefit of the people, you 
will suspend the execution of my order to dose the mill cuts, and 
deposite the bond in the Comptroller's office: but, if the bond Is 
not executed, note on it the time and manner of refusal, to be re- 
turned to me, and proceed, without further delay, to dose the mill 
cuts, as I have directed." 

Ob the 18th of November the acting Commissioner received a 
letter from the superintendent, dated Sept. 30, 1894, endosiog the 
bond, aignad by Daniel W. Wing, h this letter the auperinteiidaat 

[Senate No. 74.] 2 



W IS 

wrrtev, ** MclDtyre refuses- to Agtk the bond, as^be thinks it wouU 
be signing away his right to draw water, entered into by the Ca> 
nal Board with bim.'' Oo the same day the acting Committipoer 
answered, "I retorn the bond unsigned by Mr. Mclntyre, ts 
wholly insufficient to excuse yott in- not obeying my order to dote 
the mill ciUs*. If they have still so little ooi>fidence in their right, 
(I think they have none whatever,) as to refuse to abide the d&» 
cision of the LegislatarOr I hope you will no longer neglect yonr 
duty.*' 

In November,^ 1884,. the petitioners. Wing and McFntyre, filed 
their bill in chancery, before the vice-chancellor of the. foitrth cir- 
cuit, stating their view of their case, praying » decree for a sale, 
and obtained an injwietion against the .acting Commissioner sod 
superintendent, to restrain them from closing the cuts- and flooms 
to the grist-mill, and enjoining them- not to internet the water, 
(except as had been usual.) A copy of the bill has been obtained, 
and an answer on the part of the acting Commissioner will be pat 
it), as soon as his other doVies'witI permit It is not deemed ne- 
cessary to detail the cMirges in the bill or the facts designed to be 
inserted in the answer. It is respectfully stibmitted dtat the facts 
in the case, and which are detailed above, would no^ under the 
law, authorize an injunction or sustain a decree for a sale andcon^ 
veyance, and that there is no just foundation for the eh«*ge in the 
petitioflf that the proprietors of the miH ba^ve been obliged to resort 
to a coart of equity to sustain their rights; The acting Commis- 
sioner afforded them the opportunity, without suit, of submitting 
their case to the decision of the Legislature, to whichy after suit 
commenced, they have elected lo submit it. 

The Canal Commissioners have examined the subject and re- 
ported to the Legislature their opinion of the policy of leasii^ the 
surplus water of the canals and the vrater passing around the locks 
from one level of the canal to another, for hydraulic purposes. 
These reports will be found in the case of applicants for the water 
at Horse-Heads, (Senate Documents, February 26y 1884, No. 76;) 
the applicants for the water at Lockville, (Assennbly Documents, 
March 10, 1834, No. 287.) In these reporU they have detailed 
many of the facts and circumstances which go to prove that the 
canal waters can not be used for hydraulic purposes witlioot essen- 
tial injury to the canals and navigation on them. In tlieir report 
to the Assembly, April 1, 1884, (Assembly Doeuments, N«. 8ft8,) 



No. 74.] 1 1 

they have referred to their previous reports on the subject, and 
slated additional facts, as to the eSecu on the canal and its navi- 
gation, of using the waters of the canals, their feeders and ponds, 
tor hydraulic purposes, in which this Board concur. In this report 
they conclude by saying, ** The Commissioners are, therefore, of 
opinion, that good policy does not require that the prohibitory 
resolutions referred to should the rescinded. On the contrary, 
they suppose that all unauthorized drawing of the water froni the 
canals and their feeders, should be efiectually prevented: and 
that prospective measures should be adopted to prevent expensive 
investments on grants already made, and to resume the water 
granted, as the wants of the navigation may require.'' 

The last has been a dry season, and abundantly proved the cor* 
rectness of the conclusions of the Commissioners. At the first 
lock north of Waterford there were locked on this canal, la^t sea- 
son, 9,620 boats and 1,888 cribs of timber; making 11,017 lock- 
ings, and it is reasonable to suppose that the business on this ca- 
nal will increase with the improvement of the country; and it is 
believed to be essential to the navigation on this canal to aflford to 
it every reasonable aid and security. The Board are of opinion 
that no grant should be made of the viraters of this canal, its 
feeders or ponds, for hydraulic use; and, that provision should be 
made for rescinding the grants already made. 

All which is respectfully submitted.. 

m 

S. VAN RENSSELAER, 
MICHAEL HOFFMAN, 
WM. C. fiOUCK, 

Canal Commistionen. 

GREENE C. BRONSON, 

A. C. FLAG6, 

JOHN A. DIX, 

WILLIAM CAMPBELL. 
A. KEYSER, 

CommtMSuners of the Canal Fund. 
March in, 1685. 



STATE OF NEW-YOmC 



No. 76- 



IN SENATE, 



April 4^ 1835. 



REPORT 

Of the committee on the judiciary, on the petition of 
the trustees of the first Baptist church in the city of 
New-York. 



Mr* hatmng, from ihs conmittee oa the judidtry, to whom wai 
referred the petition of the trustees of the first Baptist chureh ia 
the city of New-York, 

REPORTED^ 

The petitioners state that the buildingi and lot on which it stands, 
now oooapied by said church is situated in the lower part of the 
city of New-York: that its situation, owing to the growth of the 
city, hasJbecome inconvenient and unpleasant to Uie individuals 
attending public worship there: that for this reason, with others, 
it is. desirable to change its location, and for that purpose ask for 
the passage of a law to authorize them to dispose of and convey 
the present lot and buildings, that with the avails thereof they 
may erect a new house of public worship. 

The coHunittee, although they think that there can be no ob* 
jection to the sale and disposition of the property as proposed by 
the petitioners, do not think it proper to grant the prayer of the 
petition* 

There is nothing appearing in the papers shewing the necessity 
of legislative interference. It does not appear Irom the petition 
that this society was incorporated by any special act of inoorpo* 

[Senate, No. 7KJ 1 






9 [Sbaatc 

liiiiioD^ Bof cin tEe committee, on examinatiob, taoertBui sach t» 
be the fact. Tbe committee therefore assome that the cbarch i» 
incorporated under the provision* 6f the general act in relation to 
religioua incorporations* If so, ample proYision is made by that 
act to enable the petitioners to obtttn the attthority they desire. 
The Chancellor, if he deems it adTisable, can anthorize the peti* 
tioners to sell and convey the propefty/and aQthorize tbe applica- 
tion of the avails as he may think advisable. The committee 
think the aathority is well placed, and tfiat the Chancellor will be 
able in all cases, through the medium of an application to him, 
more fully to ascertain the facts, than would usually be done in an 
application to the Legislature. The power in relation to churdiss 
is similar to power given to the Chancellor in other cases, and was 
undoubtedly intended to preieni sjteciiil tegi^tioa. The commit^ 
tee are of opinion that public policy reqjuires that q>ectat legislation 
should, as much as possible,, be avmded, and that when ample pro* 
vision exists by law me Legislature should not encourage special 
applications. 

The committee Are of 0]»iitoii, thM^fer^f Ihtt lh6 prtyet of the 
p^dtibii^rs ooghi net to be granted.. 



STATE OF NEW-YORK. 



No. 76. 



IN SENATE, 



April 6, 1835. 



REPORT 



Of the GamJ Coimni8sionera» on e resolution of tke 
Senate of the 28d March, relative to tfa^ Albany 
Basin. 

The Canal Commissioners, in accordance with the directions of 
the Senate, in Cheir resolution of die 23d March, 1885, 

REPORT: 

By the resolution the Commissioners are required to report, 

1. The extent of the interruption to the navigation in the AH)a« 
ny basin, during the past season, and their opinion of the causes 
thereof: ^ 

3. The remedies proper «nd necessary to the removal of the 
obstructions therein, and particularly as to the expediency of wi« 
dening the upper or northern opening in the pier, and of causing 
soother opening in the pier between Ccdombia-stroet and States 
street 



1. The Commissioners have caused soundings to be taken of the 
depth of water in the basin. These have been noted a map of the 
basin by Holmes Hutchinson and Frederick C. Mills, civil engineers, 
which is herewith submitted. These soundings are stated in re* 
ference to low tide, in the usual summer flow of the river, and 
prove that the water is too low for. good sloop navigation below 
State-street, and that above State-street it is wholly insufficient 
for sloop navigation, and in general for the navigation of canal 

[Senate, No. 76.] ' 1 



t [SXNATK 

]K>at8, especially above Columbia-street bridge. During the last 
season a narrow channel was dredged near the pier, from the Co- 
lumbia-street bridge to the oanal loek near the head of the basiir* 
Annexed, marked D, is a statement of the sonndiagSy made by di- 
rections of one of the Commissioners, and exhibits the draft at low 
water before the channel was dredged. From these soundings it 
appears that the dock, froih State-street north, is unapproachable 
by the river craft, and almost entirely so for canat boats, north of 
the ColCimbia-street bridgii' 

During the last season the interruption to the navigation in the 
basin was great, recurred with every low tide while the river was 
at its ordinary low water flow, and extended through a great part 
of the summer and autumn. The tnpiivigable state of the basin 
was a serious injury to the business at Albany and on the canal, 
and teod^ to ((rive the nftvigatioa from the eaual into the river, 
from Troy to Albany, lo Ih^ injury of the c%nal r^VMue^ a^d per* 
sons engaged in canal transports tion* 

These interruptions to the navigation were cltQ{(e4 by the graaC 
deposites in the basin. • These ure derived, in part, fron;i the sand 
and mud brought down in the river water, and mostly from the 
earth brought into the basin by the street-gutters abd sewers of 
the city. The cross section of the water channel into the pier, at 
its h^ad, is less than the cross section of the water channel in the 
basin, and either of these is larger, and of the latter much larger 
than the cross section of the water channel through the discharge 
lock at the foot of the basin. The first may be stated, in low wa- 
les, at 600 feet; that ef the basin wilt vary, with its expanatoq and 
depth, from 800 to 2,000 feet, while that of the discharge lock will 
be only aboot S60 ieet Aside from evaporation, the current wi\ 
be inversely as the section of the channel. On tbe river aide of 
the pier it is understood that the current noi only prevents but 
removes deposites. From the best information they can obtsiD 
the Commissioners believe that before tbe |Her was made the cor- 
rent was sufficient to maintam along the docks south of QaacksiH 
bush-street a depth of water sufficient for the convenient use, at 
these docks, of the river craft. If the current had continued it wooM 
probably have removed most of the deposites which now StI the 
basin; and h is fSnir to presume that these deposites are maialy 
attributable to the comparative dead or still water of the basis. 



No. 76.] 3 

2.^ The cause of the evil is quite apparent. The remedy is m^re 
doubtful and much more difficult 

If the line of the dock was made paraliei or nearly so lo the pier, 
alid the basin do constructed at the teidest part, that the depth of 
water requisite for the canal and river craft would give a cross 
aection no greater than it would be safe and proper to aflbrd at the 
entrance and discharge from the basin, the arrangement would be 
the best practicable to prevent deposites in the basin, and every 
approximation to these i>roportioils would be an improvement on 
the present plan. It would also tend to secure the cleanliness of 
the basin, and the health of the residents about it. 

The north entrance into the basin must hnve a limit, to secure 
the basin against foogh water;, from the floods of the river, and 
especially from the ice, which is driven hard against that portion 
of the pier, and to prevent the floods of the river from breaking 
the ice of the basin in winter and spring to the injury of the craft 
lying in the basin for safety. 

Under these circomstanoes, the CoMBiissioners recommend that 
the entraticei be enlarged in the manner indicated on the accompa- 
nying plan C, to the width of 1 10 feet, where it is believed the 
depth, by occasional dredging, if not without it, can be maintained 
at 12 feet, making a section of 1,830 feet. The entrance may be 
defended against the ice by a pier 120 feet long and M feet wide, 
with an ice breaker 3tf by 80 feet, in the form, and at the points 
indicated on the plan. 

To afibrd the clearest jBow in the basin consistent with the use 
for which it was designed, the Commissioners recommend that the 
pier work of the present bridges be reiftoved, and that the bridges 
be bnih on piles of oak timber driven at such distanoes as to idTord 
4. sfMLce of 4M feet, and for the draws a span of M feet These 
bridges shoald be raised above the highest floods, and at least 10 
feet in the cleur above ordinary tide. These piles would occupy 
die least practicable room in the basin, and least interrupt either 
the passage of boats or the flow of the water. 

In- the opinion of the Commissioners) the bulkhead and discharge 
lodi shouldi be removed^ In tUs operation the discharge Trom the 
basin may be increased to the width of 165 feet, and formed in the 



4 [Sbnate 

manner indicated onr the plan marked B* The eorrent here would 
probably maintain the requisite depth of water; but if it should 
not, the depth must be obtained by dredging* 

The irregular and at points great width of the basin^ tenders il 
evident that the contraction of it into a regular form^ would aid in 
giving that flow to the waters in it, which is necessary to lessen the 
deposites alluded to. The excavation of the present deposites would 
to some extent furnish materials to fill in the docking to be con- 
structed; and the process would reduce the supe)?ficial extent from 
which future deposites must be dredged* But no contractions 
should be permitted which is not absolutely necessary^ or which 
would render the basin insufiicient in area, to permit the free and 
easy movemeat of the numerous sloops, canal boats, and other 
craft, which,, in the increasing navigation of the canals and river,, 
may resort to the basin. 

If the other alterations above suggested are tried, it may be 
found less diflicult to clear the basin, and the necessity for its con- 
traction may be obviated. And it is suggested that no material 
contraction of the basin should be permitted, until the other expe- 
dients mentioned have been fully tested. In any improvement of 
the basin, it is desirable to produce in it the greatest current that 
will be consistent with its convenient use by the canal and river 
craft, and their security in it during the winter and spring floods^ 
Successive improvements may be necessary to adjust the proper* 
tionff ef Ibc several parts of the work so as to produce the desired 
result of a safe and convenient basin, least subject to depcwites. — 
In the improvements suggested by the Commissioners, they have 
sought to approximate to these prpportionsii 



The opening of a channel through the pier between State-street 
and Columbia-street bridges, if properly executed, would doubt- 
less afford great inconvenience to the navigation* lo a basin sck 
long and crowded as thjp wilt in general be, with canal boats and 
other craft, warping the river craft is difficult and tedious, and 
will become more so, with the increase of the crowd* But it i» 
not seen how it can operate in practice to dimiaifth the depositea 
in the basin; and unless the discharge from the basin be much lar* 
ger than the supply at the cut near the head, the supply at the cut 
through the side of the pier may deaden the current in the basm 



No. 76.] 6 

above, and thus tend to increase the deppsites there. Any other 
injury to the basin from such a side cut is not regarded as proba- 
ble. 

Under any arrangements deemed practicable, the present depo- 
sites in the basin should be removed by dredging; and their inju- 
rious accumulation should be prevented by a free and early resort 
to this practical remedy. 

All which is respectfully submitted. 

MICHAEL HOFFMAN, 
WM. C. BOUCK. 
Jfyrilithy 1836. 



STATE OF NEW-YORK, 



No. 77, 



IN SENATE, 



April 6, 1835. 



^wammaBseassan 



REPORT 

Of the committee on canals on the bill from the As- 
sembly entitled << An act for the construction of the 
Black river canal." 

Mr. Beardsley, ip behalf of the committee on canals, to 'which 
t^mmittee was referred the bill from the Assembly entitled *^ An 
«ct for the construction of the Black river canal,^' 

REPORTED^ 

That the committee have turned their attention more to the 
question, whether the State at the present time should engage in 
(his work, than to the consideration of the practicability and de« 
tails of the project. 

They are aware that this canal has been long sought for by the 
petitioners, who regard it, as it no doubt is, of vital importance to 
that section of the State. They are also aware that it has been 
considered an important auxiliary in our system of internal im** 
provements by some of the most enlightened and devoted friends 
of that system, Governor Clinton having called public attention to 
it some ten years ago. 

The general outline of the project is to commence at the Erie 
canal near Rome, thence through the village of Rome to the 
Black river below the High falls, about 35 miles, with a navigable 
feeder of about 11 miles from the Black river above Boonville, to 
the summit level near the latter place, and an improvement of the 

[Senate, No. 77.] 1 



9 [Senate: 

river for navigotioir from the High falb to Carthage, 40 imles be- 
low, tbu» making 86 imle» of navigable communicatioiK including 
the feeder, and contemplating tolI» for the whole distance. The 
locki^e, ascending and descending, is upwards of one thousand 
feet In other respects no unusual impediments are sopposed to 
be in the way of its construction, and no doubt i» entertained of 
an abundance of water. 

The expense, inefaidkig the improvement of the rrver, is esti- 
mated at about (1,000,000; but from the immense lockage and va- 
rious unforeseen expenses always consequent upon the construc- 
tion of public works, wkh the admitled ttBcerteifity in relation to 
the improvement of the river, the committee feel warranted from 
past experience to anticipate nn iner^ase of expenditure beyond 
that sumr 

These considerations, although formidable^ are not such as to 
induce the committee to pronounce the project impracticable, or 
that it should be considered inexpedient whenever the fiscal con- 
cerns of the State in view of other authorized improvements and 
of existing charges upon the treasury and public resomrces, will 
warrant extending our system of internal improvement. 

In reference to the contemplated enlargement of the Erie canal 
and its double lockage, the committee suppose it may become de- 
^r^ble to procure an additional sMpply of water on the Rome le- 
Ye), ia which event the Black river canal might be regarded as 
important in that point of view ; and that a navigable communica- 
tion of 86 miles might be connected with the Erie canal by con* 
structing 40 miles of artificial navigation, will afford a strong ad- 
dilioaal ai^ument io favor of tUs ppojeot. 

The committee, impressed with tb^ importance of our aystem of 
internal improvemQotq, are free to admit that £hey desire to see 
9n enlai]ged and liberal policy pursued towards tboae aections of 
the 8t4t9 which bave not io^mediately participated in the benefits 
resulting from the public works already constructed, of which the 
Black river country is claimed by its friends to be one. 

Th^y are aware that the construction of these works, by giving 
an impulse to business in their vicinity, by developing the respor- 
cQs of the country through which they pass, by opening a cban- 
n^l for the easy and cheap transportation of property to and from 



No. 77.3 3 

faarkat, wMcli oflmrwlae might nM find 4 market, hu an itnpoflp 
ant bearing, and may add to the aggregate wealth of the Statai 
Ibeyond the amount of the public expenditures Yet if it should be 
conceded that the canal under consideration would in its results, 
when constructed, answer the most sanguine expectations of its 
friends, the committee in the present state of the public resources, 
would feel themselves as assuming a heavy responsibility both as 
it regards the finances of the State and the public senthneni of its 
^citizens, should they recommend the immediate adoption of this 
measure. 

But it must be borne in mind that the report of (he Canal Com* 
snissioners, the accredited agents of the State, aiid to whose care 
and attention this project has been confided, who from their expd» 
rience should be best able to judge, does not present h as on6 
without difficulties and doubts, as to its expediency and successful 
results: And it may also be remarked, without impugning the mo- 
lives of petitioners, that the Commissioners, having no private in- 
terest to subserve, may generally bo relied on in their estimate! 
and conclusions with more safety than the petitioners, whose judg- 
ments, from self interest, may very naturally and honestly btf 
biassed in reference to a favorite project ^ 

Experience in reference to other projects of internal improve- 
ments fully justifies these remarksi and it will be found that the 
expenses of public works have uniformly exceeded the estimates 
of friends, and most generally, from unforeseen difficulties, those 
of experienced public agents. It must also be borne in mind that 
the State treasury is in arrear, and the public debt will be consi- 
derably increased by the time provision is made for diseharging 
the Erie and Champlain canal debts, for which the auction and 
salt duties and the canal revenues are constitutionally pledged* 
When these duties and revenues can be made available for the 
purposes of the State treasury the committee hope to see the 
State debt reduced, and they are unwilling, at this time, to re- 
commend any appropriation not absolutely necessary, that may, 
to any considerable extent, retard this desirable result. They 
think the system of internal improvements, if extended, should be 
gradually extended, as the financial concerns of the* State will ad* 
mit, without unnecessarily increasing the public defbt, whieh, in thcf 
judgment 6( the committee, should rathef be diminished, as the 



4 [Si 

nietns of the State wili permit, than increased by new enact- 
ments. 

The committee deem it Inexpedient to engage, to any conside- 
rable extent, in new works for internal improvement nntit the 
public debt shaU, in a measure, be provided for, unless funds shall 
be raised or authorized for such new appropriations. And they 
believe the public are not prepared to submit to direct taxation in 
special reference to ah extension of our canal system. Nor can 
the committee believe it discreet for the friends of internal im* 
provements to press their projects to such an extent as to alarm 
the public mind by an impression that a heavy and unwieldy debt 
is to be accumulated, for the discharge of which an onerous impo- 
sition of taxes may become necessaryr Such an impression might 
very naturally produce a reaction in public sentiment, and not 
only retard the cRscreet exercise of legislative power, in reference 
to new canals, but, by unreasonable alarms and stubborn prejudi- 
ces, postpone the construction of new works beyond the time when 
those more timid would otherwise be prepared to sustain a system 
for further improvement. Besides, it will be recollected that the 
State is now engaged in the construction of the Chenango canal, 
and that to complete it a million of dollars will be required beyond 
the original estimate of its friends. 

Whether this canal will meet the expectations of its friends, or 
be a failure from a scarcity of water, want of business and its im- 
mense lockage, as its opponents predict, the committee will not 
attempt to decide. But they think this should be, in a measure, 
completed and tested before the State embarks in another project 
involving a large expenditure, with an equal amount of lockage, 
and, in the judgment of the committee, possessing no very decided 
advantages over the Chenango canal, unless it be in the abundance 
of wat^, a superabundance of lumber, a greater extent of navi- 
gation for the amount expended, and from an abundance of iron 
ore supposed to exist in the vicinity of the proposed canal. 

In view of these considerations, and that the doubling of the 
locks on the Erie canal have become necessary and have already 
been authorized, which will probably, with the new aqueduct at 
Rochester, involve an expenditure of 81,500,000, to say nothing 
of the, contemplated enlargement of the Erie canal, the committee 
have arrived at the conclusion that the bill under consideration, 
to say the least, ought not to pass at present. 



No. 77.] 6 

In comiDg to this conclusion they are aware that they disap- 
point the wishes of a numerous and highly esteemed portion of 
their fellow-citizens, who, no doubt, honestly entertain different 
views on this, (to them,) interesting question. And the commit- 
tee trust that they will not be considered as standing opposed to a 
discreet extension of the canal system, in withholding their assent 
to this bill, or that they are unreasonably thwarting the wishes, or 
neglecting the interest of those who have petitioned for this im- 
provement. 

The committee entertain a hope that within a few years the 
financial concerns of the State will be such that, without embar- 
rassing the public treasury, and without imposing unnecessary 
burthens upon any section of the State or any branch of domestic 
industry, the citizens of this part of the State may be gratified in 
their wishes, if their favorite project shall be found to possess the 
merits which the petitioners believe it does, and which the com- 
mittee do not deem it neceessary to controvert 

The committee refrain from expressing any definite opinion 
upon the ultimate practicability or expedincy of this measure, for 
the reason that they consider it inexpedient, at the present time, 
for the State to engage in its construction, even upon the assump- 
tion that its friends are not mistaken in their anticipations of its 
results and the cost of its construction. 



\ 



STATE OF NEW-YORK. 



No. 78. 



IN SENATE, 



April 7» 1835 



REPORT 

Of tiie committee on canals, on the Rochester and 

Olean canal. 

The committee on canals, to which was referred the petition ef 
a large number of the inhabitants of Allen^any, Cattaraugus, Ge- 
nesee, Monroe, Ontario, and the city of New-York, praying for 
the immediate construction of a canal from the city of Rochb6TEb, 
in the county of Monroe, to OleaUi in the county of Allegany, 

Rbspbotfvlly Rbpobt: 

That at the last session of the Legislature, a law was passed 
directing a survey of this canal route, by an engineer, under the 
supervision of the Canal Commissioners. Among the duties which 
devolved upon the Commissioners by the passage of this law, was 
that of estimating the probable amount of revenue which might 
be anticipated from its construction. This provision was the more 
necessary, as large estimates had been made by its friends, of the 
tolls which wocild be collected upon it For this psrpose, and to 
ascertain the cost of the work, the Commissioiiers employed fV^ 
derick C, JhBtff, es^., who seenM to have executed the duty aBrign*' 
ed to him, with fidelity and great ability. 

The three main questions to be taken into consideration, in re- 
lation to this important work, are, 

1. The cost of construction: . 

2. The revenue to be derived from it: and, 
[Senate, No. 78.] 1 



2 [S 

S. The eticcc whieh the abstraction of the waters from the 
streams on the summit, and from the Genesee river, will have 
ttpon the hydraulic works now in operation. 

The cost of construction on the west side of the Genesee river 
IS estimated by the engin^r at f 1,890,614. The locks are to be 
,of stone, laid in hydraulic cement, the facing? to be of hammered 
stone. The length of the canal will be a little over one hundred 
and twenty-two miles; and the amount of lockage is stated to be 
1,057 fcet. From the estimated cost of construction the Commis- 
sioners deduct $110,34*^, if the lock% with the exception of those 
which are to be combined, should be composite « This would 
leave the estimated cost of the work, exclusive of damages, at 
#1,774,372. But as the Commissioners prefer stone locks, with 
hammered facings, we should estimate the cost upon that plan. 
The damages to individuals may not be great; but there is a rea- 
sonable apprehension that hydraulic works may suflbr, to an ex- 
tent not contemplated by the petitioners. 

The Commissioners observe, (page 2d,) that they have *^ exa- 
mined the report, plans and estimates, with as much care as time 
and circumstances would admit, and they believe this service has 
been performed with industry, fidelity and care. It is probable 
that the estimated cost of this canal may not materially vary frons 
the cost of actual construction. But it is proper to repeat what 
has often been said before, that estimates for work so difficult as 
occurs on a portion of this line of canal, are always uncertain, and 
generally below the cost of the work. As far as the Commission- 
ers can judge, the quantities appear to be full, and the prices ade- 
quate." 

It will be seen by the above extract, that the Canal Commis- 
sioners express the belief that this canal may be constructed with- 
in Uie estimates; though they very properly observe, that the es- 
timated cost of work so difficult as that which occurs on a pM*- 
tion of this line of canali is always uncertain, and generally be- 
low the actual expense. 

It appears from the report of the engineer, [See his report, 
page 10,] that on one point, descending into the Grenesec valley, 
there is a fall of 469 feet in the short distance of three and three- 
fourths miles. At another point, there is a fall of 274 feet in the 
distance of two miles, and expensive works south of Mount-Mor- 



No. 7S.3 3 

ris. {See Canal Commissioners' report, page 3.] There is also a 
tunnel to be made through a solid rock, of 16 chains, or 64 rods. 
These obstructions are not only calculated to inspire doubts as to 
the usefulness of the canal, but must of necessity^ however able 
the engineer, render his estimates somewhat uncertain. But as 
the Canal Commissioners, who have cm'efuliy examined the mat* 
ter, are of opinion, that the cost of this canal will not materially 
vary from the etrtimates of the engineer, it will probably be fair 
towards the applicanU, to state it at $2,300,000. The committee 
do this, because, for some reason, every canal hitherto construct* 
ed has cost more than the original estimates^ The debit would 
then stand thus: 

Cost of the canal 92,300,000. The annual interest on 

that sum, at 5 per cent, would be • 9115,500 

Expense of repairs on 122 miles of canal, at 9300 per 

mile,, , 36,300 - 

Five superintendents, at 9500 each, per annum, .••••• 2,500 

1 14 lock-lenders, at 918 per month each,, .••,•.••••• 16,316 

Making an annual expenditure for this canal, of • • » • • • 9170,616 



This estimate the committee think sufficiently low. And while 
they would not do injustice to the applicants, they deem it their 
duty to state the matter fairly, that the Senate may judge of the 
propriety of the immediate construction of this work. To meet this 
heavy expenditure, while the work is constructing, we have, to 
pay the interest on the sums borrowed, the premiums on the loans; 
after its completion, the tolls to be collected on the line, until the 
Erie and Champlain canal shall have been provided for. 

According to the estimate of the engineer, the tolls which may 
be calculated merely upon the line, will be 930,125.60. This 
would leaire a balance to be provided for, out of the treasury, of 
$131,490.40, annually. But if we allow the estimate of the engi- 
neer to be correct, as to the extra tonnage which this canal would 
throw upon the Erie canal, the Canal and General Funds would 
receive for the expenditure 978,304.60 per annum in return, still 
leaving a balance, considered as] a financial operation, against 
the State, of 902,311.40. But it is here proper to remark, that 
the extra tonnage which this canal would contribute to the Erie 
canal, must be in some measure a matter of conjecture, as it is dif- 



4 (StNits 

• 

ficult to draw the dividing tine, and the eommrftee lewe it to the 
Senate, referring them to the report of tiie engineer, and >acb 
lights as they nuay receive from those who (eel » deep interest ii> 
the success of the project. 

It is bnt justice to the petitioners to state, that the eBgiueer re* 
marks, that the opportunity aflTorded, and the time allotted to him, 
was too limited to enable him to furniskae full and perfect an esti* 
mate as be conld wish;- and the Canal Conimismoners admits that 
they have no nreana of furnishing any additional tufonnation. The 
applicants for the meaeure anticipate a much greater amoaat of 
tonnage than is allowed by the eiiginecrr with who* eerrectnets 
the Senate will judge when the statcntents are spread befbre tbcoo 
by the friends of the measure.* 

The next branch of the sobject demanding out attention, is the 
supply of water to feed the oanaL There does not seem to be 
any doubt that an ample supply ean be obtained;, bat in donigthi^ 
serious apprehensions are entertained, that extensive damage may 
be'?ane to vakMrble hydraulic works.^ The foUowing is the lao* 
guage of the Canat Commissioners in relation to it: 

** Tho engineer proposea to supply the summit level of the csnat 
south <o Olean^, and north 'to the place where the first feeder is ta- 
ken from the Genesee river, a distance of 30i miles^ with 3^484 cu* 
bic feet of water per minute. This quantity wiH give loa cabic 
feet per minote per mile, imd leckage water for 28 boats passing 
each way from tlie summit, every 24 hours. This supply is to be 
obtained by feeders from the Ischua creek, Linr>e lake. Fish lake^ 
Beaver and Mud lakes. Black creek, Oil creek, and Little Oil 
and Swamp creek, which are estimated to furnish, exclusive of loss 
by evaporation and leakage, 1 ,566 cubic feet per minute. These 
lakes are to be so enhirged, by raising the dama at their outlets, u 
to increase the quantify of water 667 cubie (ect per minute. The 
deficiency, 1,260 cubic feet per minute, is to be provided ibr hj 
artificial reservoirs, located on the Ischua and Oil creeka. 

'^ The engineer speaks favorably of the soil where these reser- 
voirs are located, and the drainage for the reservoir on Ischua 
creek, is estimated as sufficient to fill this reservoir eleven times, 
(though filling it once, is only brought into the estimate.) The 
drainage to the other reservoirs would also appear to be sufficient 



No. 78.) 5 

" The natural outlet for the waters of Lime, Beaver, Mud and 
Fish lakes, is down the Cattaraugus creek, which empties into 
Lake Erie, and if they should be diverted, as is proposed^ by the 
engineer, to supply the canal, it would not only create a claim for 
extensive damages, but might be considered unjust to the country 
from which the water is diverted. J 

" If the water of these lakes should not be taken, the engineer 
proposes to supply an equal quantity by additional reservoirs ; 
which he says can be constructed at nearly the same expense, at 
which the water is obtained from the lakes. 

'' North of the summit, the supply of water must be drawn from 
the Genesee river, and its tributaries, and an adequate quantity 
can no doubt be obtained.", 

In relation to the water to be taken from the Genesee river and 
its tributaries, the committee would call the attention of the Se- 
nate to the fact, that the extensive milling estaUishments at Ro- 
chester, which are of such immense importance to the trade of 
that city, and to the trade and f rosperity of the State, are even 
now, at times, deficient in the necessary supply of water. There 
must be taken from the Genesee and its tributaries, to feed the 
canal north of Mount-Morris, over 6,000 cubic feet per minute, 
which will seriously diminish the volume of water in the main 
stream; and we may have just reason to fear, that during the dry 
season, the damage would be so great, that it would more than 
counterbalance the benefits to be derived to the State from the 
construction of the canal. 

It is contended, however, by the friends of the measure, that 
the water taken from the Genesee and its tributaries, will be re- 
turned to it above the hydraulic works at Rochester, and without 
material diminution. But this is a matter of doubt; more will be 
lost by evaporation than at present, and much will depend upon 
the supply which may hereafter be required for the Erie canal, as 
it is apparent that no water will pass through the waste-weirs un- 
less there should be a surplus in the canal. 

In answer to those petitioners, who ask of the Legislature the 
'' immediate" construction of this work, the committee would refer 
them to the reports of the Comptroller, Commissioners of the Ca- 
nal Fund, and the committee on finance, with the remark, that in 



[Sk.natb 

pursuing our system of internal improvement, we should be care- 
ful not so to embarrass our system of finance as to depress the 
credit of the State, or burthen the agricultural interests. 

That the construction of the Rochester and Olean canal would 
confer immense benefits upon that interesting section of the State 
through which it would pass, the committee have no doubt; and 
they can well appreciate the feelings of their fellow-citizens, who 
have looked to this improvement as an outlet for their lumber and 
surplus productions. And while they would not advise the State 
to engage in expensive works of this description, that afford do 
reasonable probability of indemnifying the treasury, they cannot 
sanction the doctrine, that no lateral canal should be constructed, 
which will not on its own line, immediately pay the interest on its 
cost, and the expenses of superintendence and repairs. 

The enterprise which these works excite; the various produc- 
tions which they add to swell the profits of commercial intercourse; 
and the productions of the mines and the forest which they alooe 
can render available, add to the general wealth and prosperity of 
the State; and in the opinion of the committee, they should be pro- 
secuted as fast as the resources of the State w;ll permit 

Entertaining the views thus frankly expressed, the committee 
return to the Senate the bill for the construction of this canal, 
which was referred to them, but without recommending its imme- 
diate passage. 

J. F. HUBBARD, Ch'n. 



STATE OF NEW-YORK. 



No. 79, 



IN SENATE, 



April 8, 1835, 



^m 



REPORT 

or the select committee on a resolution directing an 
inqpiiry into the propriety of abolishing public exe- 
cutions. 

Mr. Mack, from the Select committee to whom wms referred the 
resolution directing an inquiry into the propriety of abolishing 
public exeootiofts, 

REPORTED: 

That the committee have not con^dered themselves warranted^ 
«t this late period of the session, in retaining the resolution before 
them a sufficient time for that mature examination which a sub* 
ject so interesting and important demands. They will, however, 
submit some facts and reasons which have influenced them in 
forming the conclusion to which they have arrived^ 

In the early and more barbarous eras of' civil government, pun* 
ishments were vindictive^^ justice was untempered with mercy% 
Severity was deemed essential, not only in retaliation for crime, 
but as an example to deter from its repetition* Terror was the 
agent of the law; and its administrators, arbitrary in power, at* 
tempted to restrain mankind by fear, rather than to reform them 
by the inculcation of just, humane, and rational principles. Not 
only was the nature of punishments vindictive, but the modes of 
inflicting them corresponded less with the character of the crimes 
than with the spirit of the laws. The penalty of death was at- 

[Senate, No. 70.] 1 



f [Senate 

tached (o jf^Imost every offence, and that penalty was most rigo* 
rously enforced. Cufprits were impaled alive; mutilated; brokcD 
upon the wheel; their bodies' transfixed to the gallows and left 
bleaching in the wind; or Iheir mangled remains inhumanly ex* 
posed to the public gaze. 

But in every age and country Id which thesm barbarous pvDish* 
mc^nts and exhibitions have prevailed^ they have been found to 
produce contrary results' from those which were designed. In- 
stead of proving salutary as examples to deter from the commis- 
sion of crinr>e, their tendency has been to harden and brutalize the 
feelings of the popvbiace^ ta familiarize them wiUv scenes of blood, 
to excite disgust instead of terror or respect for the laws, and to 
increase offences both in aufnber and enormity. These results 
are proved by the history of the times, and admitted by the most 
intelligent writers upon criminal jurisprudence; and the spkit •( 
Christian benevolence, the lights of education- and the assuasivcs 
of refinement, wherever their progress can be traced^ may claim 
their proudest triumphs over the exactions and inflictions of the 
criminal codes. 

In almost every nation of Europe, the number or offences to 
which the penalty of death was attached have, within the last half 
century, been greatly diminished, and the barbarous Riethods of 
inflicting this punishment have been abolished; or where these 
sanguinary statutes have not been repealed, those change? which 
have softened the character of the people and refined' the public 
manners and opinions, have influenced the administrators of the 
laws, and rendered those laws, to a great extent, a dead letter* 
During the reign of Henry the YIIL 72,00(^ person? were pablicly 
executed in England, being an average of 2,000 each year. la 
the reign of queen Elizabeth, 400 were executed yearly. From 
the years 1825 to 1831, inclusive, out of 85,257 criminal convic- 
tions in England and Wales, 0,316 were condemned to death; of 
which only 410, an average of 68 a year, were executed. In Ire- 
land, for the same period, of 65,710 convictions, sentence of death 
was passed upon 1,814^ and inflicted upon 224, or about 48 per 
year. In France, during the year 1826, of 4>348 persons convict- 
ed, 150 were condemned to death, most of whom were executed. 
In Prussia, from 1818 to 1827, 210 persons were capitally sen- 
tenced, only 87 of whom suffered death. And it is the conclusion 
of all writers by whom the imperfect statistics of crime have 



No. n.] 3 

been investigated, or iwho have had personal etpbriefttb XJipoti the 
subject, that in every country, oflences against the person have 
decreased hi proportion as the severity and public exhibition of 
punishments have diminished. In France, for example, a greater 
number of executions take place, in {H*oportion to the convictions, 
than in England^ and offences against the person bear a greater 
proportion, both to the whole number of offences and to the popu- 
lation, In the former than In the latter country. It is also remark- 
«d| as an impotlant and Interesting fact, that ^*in England and 
«very other country, these offences are diminished in the propor- 
tion that the means of education are enlarged.^' Hence it follows, 
that it Is neither the severity nor the piiblic nature of punish- 
ments, "but the dissemination of knowledge and the inculcation of 
pure moral principles, which deter from the commission and pre- 
vent the increase of ^ime« 

In the United States rational liberty is the basis of our civil in- 
tftitutions, and the principle of humanity is the foundation of our 
criminal codes. The Constitution itsdf declares, that ** cruel and 
nncisual punishment ^haH not be inflicted.^' Whrie in Great Bri- 
tain, the Jaws of which are less sanguinary than those of some other 
European governnltents, about one hundred and Jljty crimes are 
punishable with death, in no State of this Union is that j^nishment 
inflicted for more than 4en enumerated offences. By the Revised 
Statutes of this State, but three crimes are declared punishable 
with death. And to extend this principle of humanity, the revi- 
sers recommended a discontinuance of public executions^ as then 
and at present conducted, and the substitution of a more private 
infliction, within the prison or some adjoining enclosure, in the 
presence of the county judges, district attorney, surrogate, and 
other public officers, who were required to attend as witnesses. 
Those provisions, they observed, had '^ been drawn with a view 
to avoid the consequences frequently attending the parade of pub- 
lic executions. While, on the one hand, the security of our feK 
low-citizens requires th&t the punishment of death should never 
be inflicted in secret on the other, i< is believed by many, that 
the manner in which it is usually conducted defeats the great end 
in view — a solemn and monitory example. A medium between 
the two has been aimed at." [Vide Rep. of the Revisers, 4th 
part, chap. 1, title 1, sec. 27, 26, 29, and note.] 



4 [Sskiinr 

But ffie Legrslature which enacted these statutes, halted at the 
threshold, and i9topped short of the important object, by leaving it 
to the discretion, and resting it i]^n the responsibility of an execa* 
live ofiicer. With such timidity or reluctance do ve east off the 
shackles of custom, even wbe^^ humanity pleads and reason is eon* 
vinced I 

As might have beeii foreseen, m na instance since the adoption 
of the Revised Statutes, has a sheriff exercised the discretion of 
departing from the former method of conducting executions io pub- 
lie: nor will any be found, in opposition to the solicitations of de- 
praved curiosity, and the importunities of self-interest, to lake up- 
on himself' such a responsibility as Mrould be imposed under the 
present provisions of the statute* 

Your committee, therefore, would not be warranted in anticipat- 
ing, that all minds are now prepared for repealing the discretiona- 
ry power of the statute, and declaring the more private execu- 
tion of criminals imperative. The propriety of public executions 
has been defended, and may continue to be urged^ upon the 
grounds — 

1. That they have a legitimate and salotary influence in deter- 
ring other^rom the commission of like offences, which cannot be 
otherwise effected ; that they are the only means of impressing 
upon the mass of the people a salujtary dread and warning, and 
serve as a public admonition of the certainty of punishment follow- 
ing upon cringes* 

2. That all punishments ought to be subjected to the public scru- 
tiny, so that it may be certainly known that the requirentents of 
the law, and no more, have been fulfilled; and that if punishments 
were privately inflicted, it could not be known whether they were 
aetually, and justly and properly, inflicted upon the persons con- 
demned, or that innocent persons had not become the victims. 

To the first of these propositions, your committee have in part 
anticipated their reply* It may, however, be well to fortify their 
views, by referring to those whose opinions may be deemed better 
authority, and entitled to greater respect than their own. 

All the writers whom the committee have had time to consult 
upon the subject, [Dagge on Criminal Law ; Sir Sam^l Bamibf on 



No. 79.] 6 

do. ; Old Bailey Experience^ Sfc.y an English pitblication on Crimi* 
nal Jurisprudence^ 1833; Rees^ Encyclopedia; Edinburgh do.; 
Encyclopedia ^Americana ; Sir Edward Cooke^ Beccaria^ Beniham^ 
and numerous authors qtioted in those works,] agree in the opinion, 
that public executions have not been salutary in their effects; that 
they have not deterred from the conimission or prevented the in- 
crease of crime; but that on the contrary, they have had a dclete- 
terious influence upon the public morals, brutalizing the habits, ex- 
citing the morbid sympathies, and blunting the genuine sensibili- 
ties of the people. A German writer, [Encyc. Amer. ArU Crimi" 
nal lAiWj] treating of the doctrine, that sufiering is to be inflicted 
upon the guilty, for the purpose of deterring others from the com- 
mission of crimci remarks: 

'' By the punishment of the ofl*ender, others are to be deterred 
from similar acts. The punishment is, therefore, inflicted public- 
ly ; and the more horrible the crime, the more eflbrt is made to 
confirm the popular abhorrence of it by severe penalties. This 
system is liable to the most weighty objections. It cannot be allow- 
ed to put to death a human being, simply with the view 4hat others 
may receive from his sufierings such an impression as to be proof 
against the temptation to crime. In point of fact, this end has 
NEVER BEEN ATTAINED, and would require a scale of punishment 
ofiensive to sound reason. The mere fear of punishment is of very 
little weight. Men are kept from crime principally from the na- 
tural abhorrence of wrong, heightened by a good education and 
good example." 

Again : *' It is evident, that the sentiments of men, and their 
moral reformation, cannot be the direct object of legislation, from 
the very circumstance, that this efiect is not of a kind to be ascer- 
tained." • • * * "On the other hand, it is 
found by experience, that the punishment of death is not sufiicient 
to deter men from the commission of ofiences to which they are 
strongly tempted by their passions or their wants." 

Dagge [" Considerations on Criminal LaWj*^] observes: *' The 
circumstance of example, which is often insisted on, does not seem 
to have so much weight as is often ascribed to it; for delinquents 
are frequently hardy enough to perpetrate the most atrocious 
crimes, even when malefactors are, for the same offences, expir- 
ing before their eyes, with all the dreadful circamstanoes of ago- 



IJ [Sena 



AC. 



ny and infamy. Men whose depraved dispositions lead them to 
the perpetration of capital ofiences, are slightly, if at all, affected 
by the sufferings or punishments of others." "If ever the dread 
of punishment, .or the terror of example, comes across their 
thought, such reflections are soon obliterated by the more flatter- 
ing prospects which strike their senses and corrupt their judgment 
The end of punishment, therefore, with regard to example, ap- 
pears to be of less consideration than is generally imagined.'' 

^' However (says the same writer,) political causisis aiay pride 
themselves in subtleizing and reconciling moral repugnances with 
public necessity, we may venture to conclude, that whatever 
shocks tHe common sense and feelings of mankind, is faulty in its 

original establishment." " Severe laws, it will be allowed, are 

best calculated for the support of despotic power; but moderate go- 
vernments are to be maintained by a milder system." "There- 
fore, the great stress which has been laid on the advantage ofpmb' 
lie executions, seems to rest on a weak foundation; for they who 
are endued with a great degree of sensibility, will not behold them, 
and harderred offenders view them without being affected by them." 

*' Moral habits are not to be enforced by criminal laws; they 

are to be inculcated by moderation and good example: but the 
principal means of making virtue habitual, is to sow the seeds of 
it in early education." 

The author of the late able and interesting English treatise, en- 
titled *' Old Bailey Experience," &.c. in treating of the " efiects 
of executions," remarks: 

'^ The well known fact, that in every country where the laws 
arc most severe, the people are most in the habit of committing 
crime, would of itself be thought quite sufllciently striking to con- 
vince all law makers of the inutility and fallacy of relying on san- 
guinary punishments as deterring men from crime. Fazakerly 
says, with great truth, ' Sir, there is something in the natore of 
man that disdains to be terrified, and therefore severe punishments 
have never been found effectual for preventing, crime.' Again: 
'It cannot be that men commit crimes for the sake of daring death, 
yet their numbers increase with the penalty. Another cause must 
therefore be sought Is it excitement] Boy$ say^ their jfrii ubcri 
of crime came on while witnsssino an bxecution. This fact, 
which is indisputable, proves that there is some strange and hith- 



No. 79.] 7 

erto unexplained compound principle of action in the human spe* 
cies. One efTect is suf&ciently evident, that it hardens and bru^ 
talizes all who witness these scenes^ and all who arc concerned in 
carrying the law into effect.' " 

The Rev. Dr. Pord, for many years ordinary (or chaplain) of 
the Newgate prison, in a letter to Mr. Bentham, which we find in 
the work above quoted, on *' the efficacy of executions," says: 

^' From every thing I have witnessed on these melancholy occa- 
sions, I am decidedly clear, that executions, managed as they are 
at presentj answer no end whatever^ either for punishment or ex- 
ample,*^ 

After describing the treatment and deportment of the culprit in 
prison, previous to the day of execution, he continues: 

*^ At length the long dreaded morning arrives; he knows he must 
quit this world, and he may as well do so with a good grace as 
not. ' What would his old associates say, if they were to behold 
him die softV (as the phrase is.) 'His memory would be despised 
and had in abomination.' He mounts the drop, resolute in appear- 
auce, however he may be within; bows to the spectators; shakes 
hands with the ordinary, and such others as may be with him tra- 
velling the same journey; and (according to the expression in the 
dying speech, which at this moment is publishing in all paVts^of 
London,) 4s launched into eternity.' This man is not punished, 
cor are his compeers intimidated. It is like the acting of a trage- 
dy: a momentary tear of pity may be shed, but the next ribaldry 
obliterates the whole of the foregoing catastrophe. For argu- 
ment's sake, we will suppose the convict a true penitent, and re- 
signed to his fate, with a full trust in, or even a modest hope of 
salvation. The spectators are ignorant of what i^ passing in his 
mind, but they see him resigned in his countenance; consequently 
they are not intimidated by his example." 

The same gentleman, after several years of subsequent experi- 
ence, repeats his convictions, that '^executions are of no avail, 
either for punishing criminals or intimidating others from the per- 
petration of crime." 

*' The death of a criminal (says a writer on this subject in the 
Edinburgh Encyclopedia,) is a terrible but momentary spectacle, 
and therefore a less efficacious method of deterring others than 



8 [Sbnatb 

the continued example of a man deprived of his liberty." ** The 
terrors of death make so slight an impression that it has not force 
enough to withstand the forgetfulness natural to mankind, even in 
the most essential things, especially when assisted by the passions. 
Violent impressions surprise us, but their effect is momentary." 
'^ The execution of a criminal is to the multitude a spectacle which 
in some excites compassion mixed with indignation. These senti- 
ments occupy the mind much more than that salutary terror which 
the laws endeavor to inspire," &c. 

Your committee might multiply extracts of the same import, 
from these and other eminent writers upon criminal jurisprudence. 
But enough has perhaps been quoted to answer the object design- 
ed. It is indeed true, that many of these writers have arrived at 
conclusions favorable to the entire abolition of capital punishment 
But they have come to this result through the convictions forced 
upon them by observation and experience^ that public exhUritions 
of this punishment, while they have little or no effect in deterring 
from crime, are of a positively injurious and demoralizing tenden- 
cy. And in their cherished feelings of humanity, and in the exer- 
cise of their moral sensibilities, these statesmen and philanthro- 
pists seem to have lost sight of the only principle upon which it is 
justifiable to cut off from existence those who wantonly destroy 
the lives of others, or commit treason against the government 
from which all derive protection, and to which they owe a com- 
mon allegiance — the public safety. 

In conclusion, upon this point your committee, having quoted 
foreign authorities, would appeal to those who have witnessed, or 
made themselves acquainted with the manner, of conducting |»itft& 
executions in this country. Who are they that comprise a majori- 
ty of the immense crowds that assemble on such occasions t Are 
they of that class of citizens whose reason is to be convinced, or 
those whose animal feelings are to be excited 1 And what are the 
scenes usually exhibited there? Are they not those of thought- 
less levity, and even of ribaldry, rioting and dissipation? Such of 
the spectators as have their sensibilities awakened on the occasion, 
regard with more or less repugnance the attendant formalities, 
and view them as the acts of despotism rather than of justice. 
They look almost with horror, even upon the executioner, legally 
and indispensably the minister of the violated laws; and the hor- 
rors of the final spectacle, and the sympathies excited, are much 



No. 79.] » 

longer cherished in memory than the crimmal cause which pro* 
^ucedy and the end of public justice to be accomplished by it. To 
those who* are criminally inclined, a violent death, so terrible in 
description, now that they have witnessed it, seems but the affair 
of a moment. It is, they reason, soon over; and will not compare 
in its bitterness to the sweetness of indulgence or revenge. Such, 
indeed, as are predisposed to crime, will find in all the attendants 
of our public executions, rather incitives and encouragements to 
go on, than impressive admonitions to repent and refrain. 

And even to the culprit, whose last moments, whose eternal peace, 
ought not to be wholly disregarded by the law, a private execu- 
tion would, in the opinion of your committee, be much more salu- 
tary and impressive than a public one, as now uniformly conduct- 
ed, la the whole proceedings which attend these exhibitions, hu- 
manity overacts and becomes ostentatious. The criminal receives 
during his confinement, numerous and indiscriminate visits, and 
protestations of kindness and deep regard for his present comfort 
and eternal happiness. He is led forth amidst military array, to 
the sound of solemn music, and foHowed by a long procession, is 
escorted with ^ pomp and circumstance'^ to the gallows. There 
he is surrounded by professed friends, public functionaries and 
spiritual advisers, and sees before him an immense mass of his fel- 
low-beings, whose sympathies and good will, in the awakened 
pride of human nature, he strll seeks and hopes to conciliate. At 
this moment, he feels himself of greater consequence than he ever 
was before. It cannot but recur to his mind, as it will to the 
minds of the spectators, that he, who is there the object of so much 
curiosity, solicitude and attention, might have died upon the couch 
of honest poverty, within the walls of his humble dwelling, '^ un- 
noticed and unknown;" that few of the many who then surround 
him, would have felt the least interest in his fate; that none would 
have called to soothe his dying hour, or have expressed any con- 
cern for his temporal or eternal welfare ! Amidst these exciting 
scenes, amidst reflections such as these, he passes from time to 
eternity, regarding himself, and regarded by many others, as a 
martyr, rather than a malefactor, expiating his offence upon the 
altar of justice. 

But, on the contrary, let the condemned criminal be apprized 
that he must meet death in comparative solitude; that the oppor- 
tunity will not be allowed him of receiving and returning the pub- 

[Senate No. 70.] 2 



W [Sbnatet 

lie gaze; that as one Mrho has forfeited the privileges and consola- 
tions of society, he wili not again be permitted to kx>k upon the 
collected countenances of bis felk>w-beings« for the safety and pro* 
tection of whose lives his own life is demanded of him — and may 
he not be led to appreciate his situation T Will he not turn his* 
thoughts upon himself, and the anticipations of his final hour be 
more solemn and impressive? There is solemnity in silence. It 
is in solitude, and not in crowds, that the human mind receives its 
deepest and most thorough convictions. Cut off from the glare 
and the murmurs of the multitude; attended only by the officers 
and appointed witnesses of the law, whose duty he appreciates, 
and whose character he respects, the culprit who is about to expi* 
ate his offence, will be most likely to realize the justice of kis ien* 
tence, and to meet the solemn crisis with a *' broken and contrite 
heart/' — with true contrition and sincere repentance. 

The iecoTid propositioa in support of public, and against private 
executions, which the committee have quoted, merits considera- 
tion. It is true, that punishments should be certain, that they 
should not be evaded, and that the public should know, or have 
the nieans of knowing, that every sentence of the law has been 
positively and properly executed. But, how small a proportion of 
the entire population of the State, who have a comnu>n interest in 
these matters, do now, or can have occular evidence of the execu- 
tion of a criminal I Will it not be sufficient to guard against any 
, evason, perversion or abuse, that a specified number of officers 
and respectable citizens shall be present at each execution, as pub- 
lic witnesses, not as private spectators thereof 7 Will not an offi- 
cial account from these officers and witnesses, duly attested and 
published, convey to the public a full knowledge of ihe event, with 
all its solemn and salutary influences, unaccompanied by any of its 
contaminating and counteracting effects ? Your committee believe 
that every intelligent and reflecting mind must answer in the affirm- 
ative. They believe that the objection they have last noticed, 
though not without weight, may be thus obviated; or that it can- 
not, in this age of intelligence and general information, be sustained 
against considerations involving the canse of humanity and public 
morals. 

Already have several of our sister States, Massachusetts, Penn- 
sylvania, New-Jersey, &c., preceded us in this measure of reform; 
and your committee hope that the example will be followed, by 



No. 79.] 11 

carrying out the principle virtually recognized in the Revised 
Statutes of this State. But they are of opinion, that a simple re* 
peal of the discretionary clause in sec. 36 of chapter 1, title 1, 4th 
part of the Revised Statutes, would not accomplish the object in 
the manner to be desired; but that the enactments should be spe- 
cific and positive, obviating every reasonable objection, and leaving 
as little as possible, in so delicate a matter, to the discretion or re* 
sponsibility of the public officer, whose duty it may be to carry 
them into effect 

And in conformity with the foregoing views, the committee have 
instructed their chairman to ask leave to introduce a bill. 



STATE OF NEW-YORK. 



No. 80. 



IN SENATE, 



April 9, 1835. 



REPORT 

Of die c<Miiiiiittee on claims, od tbe memorial of the 
Leake and Watte orphan hou8e» and also of the next 
of kin of John G. Leake, deceased. 

Mr. Tracy, from the committee on claims, to which was reftr- 
red the memorial of the trustees of the Leake and Watts orphan 
house, in the city of New-York, praying a grant to the said cor- 
poration of the property which escheated to the State, by the 
death .of John G. Leake^ late of that city; and also the petition of 
aandry 'persons representing themselves to be the next of kin of 
the said John 6. Leaioi for a release to them of the said property, 

REPORTED: 

That these conflicting applications for the property which has 
escheated to the State, by the death of the late Mr» Leake, were 
presented to the Senate at the last session of the Legislature, arid 
referred to the committee on the judiciary; and by said committee 
appear to have been carefully examined, and maturely considered. 
The elaborate and able report of that committee, adverse to said 
application, will be found at number Idl of Senate Documents of 
1834. 

A similar application had been made by the said trustees at the 
previous session, and the then committee on claims, to which the 
subject was referred, reported in favor of vesting in these trustees 
the right of the State to the lands in question, or the proceeds 

[Senate No. 80.] 1 



d [Sbnatb 

« 

thereof, and brought in a bill to this-effect; which report will be 
iband in the Senate Docoments of i6S9^ {rot 2, No* 100.) 

This committee, however, having heard coansel on behalf of 
both classes of applicants, and, after a full examination of the sab* 
ject, find no sufficient considerations for controverting the arga- 
mento presented by the commitiee on the jwUciarf, or for revers- 
ing the conctustons to which it arrived; on the contrary, this com- 
mittee concurs substantially in both, and submit, ia conclusion,, the 
following resolutions: 

Resohed^ That it is inexpedient for the Stale lo release to the 
next akin of the late John G. Leake the property that has been 
escheated by the death of the said Leake.. 

Resohedj That it is inexpedient for the State to give to the 
trustees of the Leake and Watts orphan hoose ike praperty that 
ftas been escheated to the JState by the death of the lale John GL 



STATE OF NEW-YORK. 



No. 81, 



IN SENATE, 



April 8, 1835. 



TWELFTH ANNUAL REPORT 

Of the managers of tke Troy Savings Bank, for the 
year ending the first Monday of April, 183& 

TO THB HONORABLE LEGISLATURE OF THE STATE 

OF NEW- YORK- 

Pursaant to the provisiom of the act, entitled ^* An acft to iacor- 
qporate the Troy Savings Bank," the board of managera 

REPORT: 

That from the first Monday of April last to the first Monday 
<^( April instant, there has been received, from depositors, in said 
bank, the sum of $101,448.28: and that during that time there has 
l>een withdrawn from the said bank, by depositors, tlie sum of 
95S,2G5.29, including dividends paid. The s«im of •S20.28 lias 
been paid for contingent expenses of the bank during the past 
year. That there is now deposited to the credit of the bank in 
the Farmers^ Bank the sum of 9135,000.12, being the amount re^ 
ceived by the Troy Savings Bank since the commencement of the 
institution, and the interest accrued thereon, after deducting the 
amount refunded to depositors, the contingeHt expenses of the 
bank, and the sum of t4,263.21 invested in red estate* 

That depositors in said bank have received diyidendi at the rate 
of five per cent per annum, and one dividend at the rate of five and 

{Senate, No. 81.] I 



2 [Sbnatk 

a half per cent per annum; and that there ia a balanoe to the ere* 
dit of the profit and loss account amounting to 87,039 •01, include 
ing the real estate. 

All which is respectfully submitted. 



Thn/j Jlpril 6th, 1885. 



R. P. HART, President. 
J. Lu. LANE,. Secreianf^ 



STATE OF NEW-YORK. 



No, 82, 



IN SENATE, 



April 15, 1835, 



OBJECTIONS 

Of tiie Gtoyernor to the bill entitled «< An act regulat* 
lag tke weighing of merchandize in the citj of 
New-York.** 

TO THE SENATE, 

Proni a careful eiaminotioa of the bill wUch yon liave feni 
to me, entitled ^' An act regulating the weighing of merchandize 
in the city cff New-York,^ I cannot hot regard some of its provi* 
aions as objectionable, and am therefore constrained, by a sense of 
<^ty, to wkhhold from it my approraL 

The objections to which I wish to direct your particular atten^ 
mon relate to the operation and effect of the tenth and sixteenth 
sections of the bilL The common council of the city of New* 
York have for a long time possessed and exercised the power of 
appointing weigh-niasters for that city, and the bill under conside* 
ration does not propose to take away that power. I do not ques* 
tion the right of the Legislature to make such regulations relative 
to the duties of these ofiicers as the interest of trade and com* 
merce or the general good may require* The bill before me pro* 
])oses to appoint, on the nomination of the Governor, with the ad* 
Tice and consent of the Senate, weighers for that city. If it 
ahould become a law, there will then be two sets of officers, (one 
receiving their appointments from the State and the other from the 
•common council,) to do the business of weighing in that city. 
The bill loefore me makes a designation of duties, or rather limift 

[Senate, No. 82.] 1 



the officers appointed by the common council to weighing onfy 
such noerchandize as ''is required or intended for immediate con- 
sumption in the city of New-York.'^ Neither the right or the ex- 
pediency of making a designation of their respective duties is the 
ground of objection; but it is extremely important, not only to the 
officers themselves but tq our citizens who may employ them, that 
the boundary which is to limit the exercise ef their respective 
powers should be obvious and clearly defined. Such a boundary 
is necessary to remove doubts and uncertainty, and to prevent li- 
tigation and a cooflict of authority. It does appear to me that the 
boundary or designation of duties established by this bill is not se 
obvious and certain as the nature of the subject requires. The 
expression ''merchandize required and intended for consumption'^ 
does dot designate with sufficietit precision and certainty the ob- 
jects to which the duties of the weigh-masters of the city of New- 
York are, by this bill, to be confined. But it is stiU more impor- 
tant that these weigh-masters should not be subjected to peoaltiei 
without having the means of certainly knowing when they incur 
them. They, as well as all other persons, (except the owners of 
the articles, or those in their employment, and who are not cooi- 
missioned weighers,) are subjected, for weighing for hire, pay, or 
reward, to a penalty of one hundred doUara for each offence, on- 
less the merchandize weighed by them "is required and intended 
for immediate consumption in the city of New- York." 

The strong objection in my mind to this provision is, that the 
weigh-masters appointed by the city authority may incur a penal- 
ty when they have not the means of knowing that they do so; that 
the merchandize which they are called on to weigh is required and 
intended for immediate consumption in the city may not always ba 
known by the owners, and 'in most instances cannot be certainly 
known by the weigh-master. The intended destination of the pro* 
perty can only be known to the owner or buyer, and yet the 
weigh-master, for not knowing their intentions, may incur tha 
penalty imposed by the tenth section of the bill before me. 

I think it not improper to remark, that the language of this sec- 
tion is not sufficiently qualified to remove all doubt from my mind 
as to its operation upon the inspector of flour and the inspectors 
of some other articles. It is the flour inspector's duty to weigh 
in order to detect fraud and imp<Mition in the tare of the barrel or 
short wfiight in tha flour^ and he is in oartain cases allowed fees 



No. B». I S 

for weighing; and if this law should go into effect, it may be a 
matter of doubt whether he would not incur the penalty inflicted 
by this section, if he should receive these fees. It is not, in my 
judgment, expedient, nor do I presume it was intended, to with- 
draw any of the inducements which this officer now has to pro- 
tect the public against imposition in relation to this important arti* 
cle of trade. 

I am not without apprehensions that I give an ampler scope and 
greater effect to the sixteenth section of the bill before me than 
was .intended; but in judging of the construction it will receive, 
I can only regard the import of the language used. In the most 
explicit and unqualified terms it declares, that *' the weigh-masters 
appointed by the common council of the city of New- York should 
conform to all the provisions of this. act, under a penalty of one 
hundred dollars for each violation thereof.'^ It seems to me to be 
not only a fair but an unavoidable inference, that the weigh-mas- 
ters, in performing the duties allowed them, must conform to all 
those provisions which regulate the conduct of the weighers to be 
appointed by this bill. If this be the construction of the section, 
then the weigh-masters appointed by the common council will be 
placed under the supervision of the weigher-general, and bound to 
comply with his orders to the same extent as the weighers; they 
will be required to take the allotment of their business from him, 
and make duplicate returns to him of the weight of all articles 
which shall be weighed by them. 

As the weighers to be appointed by this bill are required to pay to 
the weigher-general five per centum on the amount of fees received 
by them for weighing, it appears to me, by a fair construction of the 
sixteenth section, that the weigh-masters appointed by the com- 
mon council will also be obliged to pay to that -officer the same 
per centage on the amount of their fees. It would, without doubt, 
greatly embarrass the business to which the city weigh-masters 
are to be confined, to subject them to all the regualations, both in 
regard to the allotment of duties and to making specific returns, 
to which the weighers are subjected by this bill ; nor do I think it 
expedient that the weigh-masters should be compelled to contri- 
bute any portion of their fees to compensate the weigher-general 
for his services. Not being able to give a construction to the six- 
teenth section of this bill which will not result in these consequen* 
ces, I deemr it, on that account, objectionable. 



4 [SBHAfI 

I respectfully submit to you the foregoing considerations as my 
reasons for not giving my approval to the bill, and herewith rettini 
it to you. 

W, L. MARCY, 
JUbmjfj JiprU 19, 18S5. 



STATE OF NEW-YOKK. 



No. 83, 



IN SENATE, 



Api^ 16, 1S33. 



ft£PQRT 

or the committee on finance^ in excellence to n ireso^ 
faition of the Sett«te <>£ 9th February last 

** Reselvedj That the committee oo -finmce he instracted to in^ 
«quire 'Whether ground rents, ex'tra rents, incomes fa*om quarter 
^ales, and interests in unrlocated and iindefined water-right reser- 
vations, are subject to taxation^ and if they are not assessed and 
taxed in proportion to other property now by law subject to a»> 
^sessment and taxation, whether they ought not to be/* 

Mr, Van Schick, from the committee on finance, to whom the 
foregoing resoiutioB was referred, accompanied by sundry petitions 
fromx:hitens residing in the counties of Rensselaer and Albany^ 
<^omplainiog of the exemption from taxation of the proper^ de«- 

«cribed in the resoluitien, 

« 

RBFORTfiD : 

That in accordance to the terms of the resolutioo^ ibey hav« 
confided their investigations to two points; 

1st Whether the property named in exempted from taxations 

Sd. And if exempted, whether it should not be subjected to as^ 
sessment and taxation* 

The reservations contained in the leases. which have been put 
into the hands of your committeci they describe as follows^ 

[Senate, No. M.] 1 



t fSsNATE 

^ Qroundrerifs^ are the sums and prodoce stipalated to be an«^ 
Boally paid by the tenant. 

** Extra rentt.^^ By this condftioa of the lease, the lesser re- 
serves the right to purchase the property at the price 
proposed by the tenant; but if the landlord refuses t» 
punihase, and the tenant sells to another, the estate is 
subject to one yearns rent* 

** hcome$fr(an quarter sales.^^ The same right to purchase be- 
ing reserved by the lessor as in the preceding case; if 
be refuses, and the tenant sells to another, the landlord 
may chdm a part of the price. Thir is understood to 
be usually iixed at one<<iuarter part of the purchase 
money, but it is seldom exacted* 

** Water-right reservations J* The leases reserve all mines, mi- 
nerats, kills, creeks, streams and runs of water, witE 
the land under water, which the landlord may reclaim 
and occupy or sell; and. they also leserve the land 
which may be overflowed by water when it shall be 
dammed up; and they provide, as a compensation to 
the tenant for the land which may be occupied and eon* 
ployed for building mills, &c. an abatement of a rear 
sonable and proportionate share of tlie rent reserved* 

From this view of the conditions contained in the lease from 
which the explanation is taken, it will be seen that the rents re* 
served may all be classed under the simple denomination of in^ 
come. Revenue or income from ground rent has the same cbarac* 
ter of personal property, m rents derived from the annual lettings 
of houses and stores. There is no reason for any distinction be- 
tween them* Houses, stores and lands are assessed as real estate. 
The rent or income which they afford, becomes personal property 
as soon as it is received by the landlord, and as such, is liable to 
taxation, in the same manner as personal property of any other 
description is assessed and taxed, which is not specifieally pointed 
out by law, and assessed upon its own amount, separate from the 
bulk of the personal estate to which it belongs. 

It has been represented, that in consequence of the constructioo 
given to those sections of the Revised Statutes which treat of the 
taxation of personal estates, assessors have not felt authorized to 
include the annual rents which a citiien may reeeivey in the esti- 



liix 83.] 1 

mate of the amount of his personul property. The eonsequent^e 
it said to be, that many persons who possess large rcnt-roHs, and 
DO other personal propefty, ^«oape taxation altogether; and in 
other initanceSy their annual receipts from rents being disposed of 
l>efore the arrival of assessment day, landlords are not obliged to 
pay any tax upon this portion of their personal ektate. 

Your committee ooaoeivo the instances must be unfrequent, m 
whicii, if assessors discharge their duty, indtvidttals can escape the 
taxation of any considerable portion of their personal estate, wbo'^ 
ther it consists exclusively^ or only partially, of annual income. 
And though there must be exceptions to ail general inferences de« 
duced from complicated legal enactments; yet they advance this 
opinion as particularly applicable to extensive and numerous pos* 
sessions under lease, and which form a -heieivy aggregate amount 
of income belonging to one person* Thus considering rents as 
liable to assessment, only when they shaU have become an annual 
acquisition to a personal eatate, your committoe believe that asset* 
aors may estimate the amount of rents which may have been re« 
eeived by a citizen during the year preceding their valuation, and 
may call it so much personal property, in addition to the sum at 
which he had been rated at the previous assessment. This method 
of proceeding, though it might not reach every known or supposa* 
ble grievance, would obviate the most serious of the complaints 
which have been advanced, that ground rents entirely escape tax* 
ation. In what other way can assessors follow the increase of a 
personal estate derived from rents t 

But your committee are inclined to indulge the opinion that rents 
arising on leases duly executed, may be assessed as debts due from 
solvent debtors on contract That taxation of rents in this form 
would fall upon the tenant by virtue of the condition of his lease, 
as appeared to be apprehended by the Senator who introduced the 
resolution, may constitute i good reason, in the judgment of the 
Senate, for refraining from any legislation for the purpose of ex« 
plaining and enforcing the statute. But as we are engaged in the 
investigation of a question unusually important and difficult, it may 
be worth while to ascertain how far this position can be substan* 
tiatcd. 

By the Revised Statutes, vol. 1, page 887, chap. 13, property is 
made liable to taxation olily in two characters, those ctf real and' 
personal estates. In the third section of this chapter, '' chattels, 



4 pi 

debts due from solvent debtors, whether on sccomt; contract, note^ 
bond or mortgage, &.c/* are enomenited among the aobjecti of tax* 
ation which lire declared to be incliided in the term* personal pro- 
perty or estates.- Income and rent's are not specified r Bat is not» 
lease » contract in taw T and is- not the rent annoally aeeraiog % 
debt dae from a solvent debtor on that conlract^ The kingaagr 
of the statute bears o»t thir constractton^ and it appeals to be 
eenfinned by the manner ie^ whi<:h' tbe Revisers treat thi^ brancb 
of the sebjeet of taaealion m their notM. The Re^tserr speak of 
*^ debts chie for rente of tamfo,'*' ae "^debts^doe from solvent debt- 
ors;" and tbey saggest te the Legislalure that certain ef these 
rents ought to be excepted from^ assessment, because they are ca» 
ses of deable taxation* In this conclusion, which they pet in the 
ibrm of vqoestion. the Legistature did net agree; Ibr that body 
enacted the 1st title of the 13th chapter^ without making the al- 
laratioii whicb tbe Revisers suggested^ To furnish fr perfect view 
of the argument which may be drawn from the notes, it is neces^ 
sary to transcribe those parts of them to which aUusion i» made. 

The Revisers say, ^ But they cannot refruia from sabmitling 
the in<|uiry,^ whether^ in the taxation of debU and mortgages, tbe 
following should not be excepted ? 

^ 1. *Debts due for tbe purchase nK>ney of lands sold,, where the 
Tcndee is in possession, bot where the title has not been convey- 
ed, and there it no personal or other security for the debt. 

^ 2. Mortgages^ where the land is the only security for the mort- 
gage money^^ 

^ 8^ DfbtM due for renU of lands, where the landlord has a right 
to re-enter on default of payment, but has no other security. 

^ In each of these eases, the ocenpant wUl ht taxed for the full 
^alue of tbe land ob if the title were absolute : and as the land it- 
self furnishes in each case a security fbr the amount doe to the 
vendor, mortgagee or landlord^ they will be taxed as for debH due 
from solvent debtors, to the whole amount of such debts, if the 
land is sufficient security for the whole, and if not, thee to the ex- 
tent of its value. If there Is no other security, there will be cau- 
ses of double taxation.^ 

From this it appears tint the Revisers sopposed that by the 
terass q{ the law as they reported it, mid the Legislature passed 



No. M.] 5 

it) landlords i^ould be taxed on " debts due for rents of lands/' as 
for ** debts due from solvent debtors," to the whole amount of 
such debts, ^* if the lanil is sufficient security for the whole, &c/* 

Now it is well known that the first and second exemptions pro* 
posed by the revisers are not excepted, but are included in assess- 
ments of personal property, by the construction universally given 
to the law; and as the revisers argue their third proposition under 
the conviction that debts due for rents of lands, are debts due from 
solvent debtors, and as the third section of the statute includes 
debts due from solvent debtors on contract, in the enumeration of 
items which compose taxable personal estates, and as no exception 
whatever was made by the Legislature, it inevitably follows that 
the framers and enactors of the law intended that debts due for 
rents of lands should be assessed as personal property. 

The revisers say in their third proposition, *^ when the landlord 
has a right to re-enter on default of payment, but has no other secu- 
rity;" then in cases where the landlord has other security, it was 
not even proposed to make an exception. But these cases are ve- 
ry few. Recovery by distress is usually the only, and is a suffi- 
cient security in regard to the rents that may be due on farms, be* 
cfuse of the improvements made upon them; and a warraut of dis- 
^tress is a certain reliance where expensive buildings are erected 
on lots held under long leases. No other security is known to be 
asked or given except it may occasionally occur in cities where 
the lease includes the tenement as well as the ground; because in 
this case the tenant can remove his property. The restriction, 
therefore, to a particular class of debts due for rents of lands, by 
which the revisers intended to confine their third proposed exemp- 
tion, can have but little application to rents arising from lands un- 
der lease: And as the whole recommendation is entirely disregard- 
ed in the statute, we must infer that the Legislature intended that 
all debts ^ue for rents of lands should be assessed, in the same 
manner as the items of personal property included in the two first 
proposed exceptions of the Revisers is now by that law assessed 
and taxed, viz: ^^ debts due for the purchase money of lands sold," 
&c., and *' mortgages where the land is the only security for the 
mortgage money." Are not those kinds of property both the sub- 
jects of taxation T If they are, how can debts due for rents of lands 
escape t Certainly not by force of the statute; for the three case* 
all stand in the same predicament in tho third aectioot and the 



6 [Sbnatk 

argument or construction that shall release one of them from as- 
sessment and taxation, must release the whole; for debts due on 
contract for rents of land are debts due from solvent debtors, in the 
eye of the law, and are equally the subjects of taxation, as debts 
due for the purchase money of lands sold, or as mortgages are. 

If.a lease duly executed is a contract of the description intended 
by the third section, then it must l)e taxable the same as a mort- 
gage given for land sold, and then it would, by parity of reasoning, 
fall on the principal, if the principal of a debt existed in the body 
of a lease. 

But this is not the opinion entertained by the revisers, for they 
speak not of contracts of lease or the principal of a debt, but of 
rents as being debts due from solvent debtors. The assessment 
mtist therefore bo on the amounts of annual rents which are due, 
and not on a capital of which the annual rents shall represent the 
interest. 

If this reasoning is not sufficient to establish the fact, that asses- 
sors in the towns and wards where lessors reside, may assess rents 
as debts due from solvent debtors, it is presumed to be at least suf- 
ficient to justify assessors in making a computation of the annual 
rents received by landlords on contracts of lease, and lo include 
such computation in the geneneral estimate of their personal es- 
tates. Perhaps the statute requires some explanation, for it must 
be inferred from the tenor of the law, and the notes of the Revi- 
sers, that it was not intended by the Legislature that a vast amount 
of personal property, under the denomination of rents, should es- 
cape tatation. The above process will, however, cure all defec- 
tive valuations of personal estates connected with lands under 
lease. No legal objection can be made to the operation, and its 
equity cannot be disputed. Landlords who duly appreciate their 
advantages will not object to their being taxed in this manner to 
the full extent of their yearly income, in addition to their other 
personl estate in possession, as all parties have the right of redu- 
cing excessive assessments under the provisions of the 15th section 
of the 2d article of the chapter before referred to. 

But from the justice and equity of charging a lease with taxation 
upon a capital, of which the annual rent represents the interest, 
your committee entirely dissent, not only for the reason already 
assigned from the notes of the Revisersi but because there is no 



No. 88.] 7 

analagous case or provision of law to support the doctrine. The 
only case in which it is pretended that a precedent •eiists, is that 
of a mortgage. It is said that $5,000 of annual rents are as valu- 
able as $5,000 of interest on a bond. There is no similarity be- 
tween a capital raised and created by calculation, and the capital 
of a bond and mortgage; because, though a mortgage is a lien up- 
on the land, and it may be admitted that a lease constitutes a lien 
of no less force and efficacy, yet an essential distinction exists in 
their character and products. Upon a foreclosure, the nrieans to 
pay a mortgage are procured by a sale of the land, and the capital 
remains entire; whereas a lease in the event of non-payment of 
the rent, reverts ba<;k to the landlord. In this condition the com- 
puted capital is extinguished; the rent that may remain unpaid, 
must be satisfied by distress. In most cases, it becomes necessary 
to negotiate a new lease before the foundation can be laid on which 
to compute a new capital. But the dissimilarity between those 
two descriptions of property is obvious in this, that the money pay- 
able on a lease bears no interest ; it is therefore not capital while 
it exists as unpaid rent, while interest accumulates upon a bond 
and mortgage, and like rent is payable at fixed days. In this re- 
spect, rent is equivalent to the interest on a bond and mortgage, 
but not to its principal. A mortgage has the land, a principal and 
interest attached to it A lease has the land and rent; the princi- 
pal is wanting. 

It may be further remarked, that rent arising upon the lease of 
a farm, must, in numerous instances, be earned from the soil by 
the labor of the tenant before it has existence as property. You 
would not tax as capital what does not exist as rent The princi- 
pal of a mortgage represents the land itself; the rent on a lease re- 
presents the produce of the land; can a capital having no existence, 
and bearing no interest, be created out of unearned rent, or is a lease 
a substantive chattel or estate, like a mortgage which is given 
most usually in consideration of money loaned, or of a debt for 
which value has been received by the mortgagee. The argument 
is not extended to the case of a mortgage given in part payment of 
the purchase money of land, because here the mortgage is destitute 
of a consideration independent of the land, and it appears to be a 
decided ease of double taxation; but in reality, the mortgagee may 
set off his debt on the mortgage against his personal tax, and if he 
possesses personal property to the amount of his debt, there is no 
double taxation. 



The foundation principle of the law of taxation is, that all pro- 
perty shall contribute in proportion to its value. The exemptions 
which (he statute allows, are in favor of specified items of pro* 
perty belonging to the institutions of learning, charity, religion, 
kc. But in regard to estates «not exempted, the legislation of 
this State has admitted inevitable exceptions only to the general 
rule of equal taxation, and these are not exemptions^ but cases of 
double taxation. Our laws have not established double taxation as 
a principle* The case of debts owing, on contracts for the sale of 
lands belonging to non-residents, (Laws, session of 18:i8, chapter 
S50,) furnishes the only instance of direct legislation on the sub- 
ject, and is an exception to the general rule. This law grew out 
oi a peculiar state of affairs in a section of the country io which 
lands, and contracts for the sale of lands, are owned by foreigners. 
The Connecticut School Fund, which is understood to be princi- 
pally loaned in this State, was exempted from its operation in the 
session ot 1834. This, therefore, is not an example applicable to 
ourselves, for in all cases of double taxation on the property of 
citizens, it is incidental, not designed; a consequence of the com- 
plication of business and of the defects of human institutions, and 
not a principle sanctioned by the deliberate judgment and direction 
of enlightened legislation. 

We have seen that the revisers endeavored to get rid of double 
taxation in three specified cases. Their proposition did not suc- 
ceed, evidently because the cases of double taxation could not be 
separated from those of single taxation, as in a bond and mort- 
gage. How, in the management of assessments, can discrimina- 
tions be made between mortgages for money loaned and those gi- 
ven as a part of the price of land sold t In the first case the tax 
on both is single as to each, because the consideration existed in- 
dependent of the land. In the other the mortgage is a debt cre- 
ated on the sale of the land, and both the mortgage and the land 
being taxed for their full value, the taxation on the land is double 
for the annount of the mortgage. In justice, the amount of the 
mortgage should be deducted from the valuation of the land on- 
less the purchaser possesses personal property. In this event he 
may deduct the debt he owes oa the mortgage from the amount of 
personal property at which he is assessed, and then there will be 
no double taxation even in the case prc^posed. Bnt should his per- 
sonal property be less than the debt, his taxation will he doable on 
the difference between them. Inequalities in taxation then, are in- 



Na 88.] 3 

<ident to the business of life, aiul are not sought lo lie imposed l)f 
-our system of law. 

Is there in reality «iiy eWl in long er perpcrtual leases^ and if 
tnischief kirks beneath their folds, is the -evil of suoh mc^itude 
as to require that the principle of double taxatioii should «ow 
£rst be introduced into our statute 4>ook, and a capital <be raised fa^ 
<:omputation o( the rent of a lease for the purpose of imposing the 
tax 1 fifany doiibt remains on the mind of the Saoateas to the cor- 
rectness of that construction^ the Revised Statutes 'which permits 
<he taxation erf rents as debts due from solvent debtors on contract, 
or by estimating, in the manner suggested, their annual amount; 
and if h should appear to bo just and -necessary to make a dis- 
tinction betwoen long and short leases and annual incomes from 
rent, and to impose taxation exclusively on leases having twenty- 
one years or more to run from the date of their execution, or oa 
the capital thereof, ia conformity whh the views entertained by 
the Senator who moved the resolution, a bill might be brought in 
to accomplish that object 

However confidently your ^committee migbt be inolined to main*> 
tain the coostmcticMi which they havo given to the statute, the^ 
are aware that it may be assailed both in regard to its accuracy 
and as to its safiicieacy in reaching the object desired; they wiR 
therefore proceed to observe, that if it were proposed to levy a 
general income tax, the questions to be discussed would not be 
difficult of solution. But your committee have no reason to sup* 
pose, that it was the design of the Senate that the subject should 
IH) presented in that form, though it is the undisputed mode ia 
which a tax on ground rents receivable on long or perpetual lea^ 
ses can be imposed with safety to the interest of the tenant, and 
with justice to the landlord. A general income tax would include 
not only long and short leases, and the annual lettings of all tcne* 
ments and of farms on shares, but also a great variety of incomes 
received for services rendered. A measure so odious was not 
contemplated by the resolution or by the petitioners. The object 
appears to be limited to the procurement of a law, the provisions 
of which shall be directed against a certain class of leases and es- 
tates. 

As the proposed tax is not intended to apply to all leases, those 
having from one to twenty years to run, as well as to sooh as are 

[Senate No. 88.] 2 



10 [Senate 

given on lives or without limitation of time, it would be necessa- 
ray to define and fix a period by law withfn which contracts of 
lease shall be exempt from assessment, and beyond which they^ 
shall be subject to asscssmeftt and laxatios. Out of such a law 
a question would arise of deep importance to all tenants holding 
under thai class of long leases which are guarded by strong and 
Gomprehenhensive covenants for the payment of taxes. 

The bill U> be brought in with the intention to' tax the eomputed 
capital of leases, would be drawn as suggested to yaur committee 
by the mover of the resolution, in this fornk 

'* All income upon ground rent reserved upon permanent leases^ 
or leases having twenty-one years or more to run from the date of 
their execution, shaU be denominated personal property, and bt 
liable to assessment and taxation, in the same manner that money 
secured by bond and mortgage is assessed and taxed." 

This description would probably include all the cases to which 
the petitioners call the attention of the Legislature. But if such a 
law should be pawed, it would still remain a question who is bound 
to pay the tax, the landlord or the tenant It will be seen, from 
the transcripts of the covenants whicb your committee now furnish^ 
from two leases belonging to that particular class of contracts 
against which the law is desired to operate, that the covenants 
are . unusually comprehensive, inasmuch as they provide against 
legislative enactments, whether they are directed against the pro- 
perty in possession of the tenant or against the lessors in their in- 
dividual characters* 

In the Van Rensselaer leases the covenants declare, that " the 
tenant will also v^rell and truly discharge and pay all taxes, char- 
ges and assessments, ordinary and extraordinary, taxed, charged 
or assessed, and which may hereafter be taxed,, charged or assess- 
ed to or upon the said hereby granted premises, or upon any part 
or parcel thereof, or upon the said Stephen Van Rensselaer, bis 
heirs, executors, administrators or assigns, by any act of the Le- 
gislature or any legal authority for and in respect of the said pre- 
miseSf or any part thereof; and indemnify the said Stephen Van 
Rensselaer, his heirs, executors, administrators and assigns, against 
any damages, costs and charges which he or they, or any part of 
them, may sustain or be put to, by reason of any neglect in the 



Mo. 83] n 

^ue and punctual discharge and payment of the said taxes, charges 
«nd assessments?^ 

Your committee have adso been funrished with an extract, in 
pencil, from a Livingston manor lease, in which the 'covenant for 
the payment of the taxes runs as follows: ^ which rent is to be 
paid without any deduction or abatement of or for any manner of 
taxes, charges, assessments or impositions whatsoever, that have 
heen or shall be taxed, cliarged, assessed or imposed upon the 
hereby demised premises, or any part thereof, or upon the party 
aforesaid of the second part, his heirs or assigns, for or in respect 
thereof, l)y any power or authority wliatsoever."" 

The expressions in both these covenants, intended as it is cer- 
tain they were to protect the landlord against legislative action, 
in regard to the imposition of taxes upon his reserved rights, by 
covenanting in this peculiar man\ier with the tenant, would igppear 
to be sufficient for that .purpose, if l)y a special law those rights 
were clearly indicated as the objects of taxation. 

The question to be propounded would be whether a tax on a 
capital raised by computation from the income of the land, and 
levied on the landlord, would be a tax " for or in respect of the 
said premises or any part thereof," for which, and for any damages 
resulting therefrom, indemnity is to be made by the tenant 

It might be argued that a tax laid on a capital, of which the 
annual rent represented the interest, was imposed either upon a 
fictitious capital or upon an agregation ef rents sufficient to form 
the capital. A fiction can not be taxable, and* an assessment 
founded upon the proceeds which are to be derived at some future 
period from the cultivation of the soil or from the use of a tenement 
can scarcely be considered in any other light than an imposition 
for or in respect of the premises. Does not a capital so collected 
together, the existence of which is anticipated, in reality reside in 
the land 1 If it have existence, where can it be found t Not in the 
lease, nor in the cofiers of the lessor I It must be in the land. 

Until the legal interpretation of the covenants shall have been 
discussed and carefully examined, it is not probable that any mem« 
ber of this body would be willing and ready to pronounce a defi- 
nitive judgment as to the extent of their operation; or to legislate 
upon a subject connected with them, while his mind remained in a 



state of uncertainfy. . If it should be finally decided, that by the 
terms of the leases referred to, tenants are not bound to pay the 
tax proposed to be levied- upon the landlord,- yet the tKieconsinic- 
lion of fbe covenants involves difierenees of opinion^ which have 
already appeared^ and the settlement of which- may reqvirc all the 
acuoEien of the most sagaeious jurists^ 

With* the voKintary conttacts^ o^ individuab^ nxide according to 
law, the Legislature have bo power to int^erfere. If the conse- 
quence of our legislation,' in the nranncr proposed, shouM be to 
fhrow an unexpected burthen upon ihe tenant, the design of the 
resolution woufd not only be defeated, but the act would recoit 
upon the petitioners tbemseiTes.- 

For these reasons, your committee do not feel pfepared to as-^ 
Slime ttie responsibility of proposing a measure which they might 
BOt possess the abilify to advocate of defend. But if they shalt 
l>e instructed by the commands of the Senate, they wiU cheerfully 
bring in a bill conformably to the views which- may be entertained 
by a majority of ifs members,^ 

In regard to the operation of a tax law,, such as the petitionera 
seeBft to aplply for, upon contracts of lease to be made hereafter,, 
your comtmttee beg leave to observe, that they suppose the tax 
would in all cases- eventually fall upou the land. 

The rents arising i>po% annual lettings or short leases of estates, 
are as valuable as those which accrue upoi> perpetual or long leases; 
and therefore taxation upou both should be equah There is no rea* 
son in nature or justice^ why a distinction should be made between 
them. But it is objected to this, that if yoa tax annual rents, 
or those accruing upon short leases, tlie lessor will make a cove- 
nant with tlie tenant, tlvat the latter shall pay the lax, \yill not 
the same consequence ensue in relation to long leases? And if the 
bargain or article of agreement is binding in the one ease, can ita 
legal force be overthrown by legislation in the other. You may 
limit the tenure of such leasehold estates as may be created here* 
after; but you cannot take away the fee or the possession from the 
rightful owner; so you may ordain what shall constitute a valid 
bargain, upon the principles of moral justice, but an agreement 
made in conformity with law, no power can annul. If this course 
of reasoning is just, then it must be admitted that a covenant can 
as well be inserted in a long as in a short lease, which shall throw 



No. 83. 1 13 

the tax on rents upon the tenant. And it follows that contracts 
for the payment of taxes can be agreed upon between the lessor 
and lessee, which shall encumber the tenant with the taxation on 
the rents of the land, with the same certainty that they oblige him 
to pay the taxes on the land itself. The necessary deduction from 
this position must be, that in regard to contracts of lease to be 
made after the passage of a law taxing rents arising on long or per- 
petual leases, covenants will be contrived to suit the provisions of 
the law, and the tenant will then as now, make his bargain in the 
best way he can, taking into consideration the rent and taxes he 
agrees to pay on the one hand, and the benefits he may acquire 
from the undisturbed possession of the land on the other. It is 
therefore not perceived that any advantage whatever is to be gain- 
ed for the general weal, by the proposed alteration in the princi- 
ple of taxation, as it is laid down in the Revised Statutes, in so far 
as the law to be enacted may operate upon contracts of lease to 
be made after its. passage. An increase of taxation, whoever paid 
by, is in fact only an increase of burthen upon the productive la- 
bor of the country. Free trade, small expenditures and univer- 
sally light taxation, must be the leading principles of every go- 
vernment which truly consults the best interests of the greatest 
number of people. But equality in taxation, though it is clearly 
impossible to accomplish it in all cases, is really just and desirable; 
and your committee are not indisposed to accede to any proposal 
calculated to produce this effect wherever inequality exists. Land- 
lords and tenants are already liable to taxation upon their personal 
as well as real estates. If *tbe whole of those estates are not in- 
cluded in assessments, it must be the fault of the assessors. If it 
is intended to lay a special tax upon the landlord, under the con- 
viction that he is allowed to escape his just portion of the public 
burthens; and if it is known, that in the cases to which the peti- 
tioners allude, this tax will not fall upon the tenant, those who pos- 
sess clear and satisfactory views of the case, have the right to pro- 
pose such measures as they may deem necessary and suitable. 

Mill streams and unlocated water rights are represented as possess- 
ing a value above that slight interest which the tenant may. have ac- 
quired, according to the terms and reservations contained in his lease. 
As the landlord may claim restoration of all mill streams, and ap- 
propriate them to his own use, or sell them to another, the tenure 
by which they are hold is considered in effect, that of sufferance 
merely. Your committee are informed, that assessments on this 



14 [S£NAT£ 

description of properly are made on the same rates as to its value* 
as are made on the other parts of the estate covered by the lease, 
and that the practice of estimating a mill stream as possessing no 
higher value than the adjoining lands has generally obtained in the 
county of Rensselaer. This valuation of a mill. stream is supposed 
to be too low compared with its intrinsic worth. It is said that 
the practice appears to have taken its rise from the consideration 
that the tenant having possession merely, but no higher interest in 
a water right, should not be taxed for any more than the whole 
estate included within the boundaries given in the lease, is* worth, 
upon estimation of it as if the territory was all land, and no mill 
stream existed. In this way, the actual and existing difference 
in the value between the rates at which mill streams and water 
rights are now assessed, and the sums they would sell for to pay 
the just debt of a solvent debtor, escapes taxation. This difference 
is supposed to be an estate existing in the lessor, and not in the 
tenant, and it is inferred that it should be assessed* as real estate 
belonging to the lessor. 

The divisiop of one piece of property into two kinds of estate, 
each taxable for its relative proportion of the value of the whole, 
would require almost too nice a discrimination to be applicable to 
the practical affairs of life. But the Revised Statutes ordain 
<^ that all lands and personal estate within this State shall be lia- 
ble to taxation." Vol. 1, page 887, § 1. And on page 889, 2d sec- 
tion, it is declared that the land may be assessed in the name of 
the owner or occupant; and at page 393^ 17th section, it is order- 
ed '* that all real and personal estate liable to taxation, &c., shall 
be estimated by the assessors at its full value, as they would ap- 
praise the same in payment of a just debt due from a solvent 
debtor." 

These provisions would seem to render further legislation on this 
point unnecessary, as there is ample power to assess all real estate 
upon the tenant, if the possession is in him, or upon the landlord, 
if the reservations excepted out of the grant, which the lease pur- 
ports to convey, are so broad and conclusive as to leave not even 
a possessory right in the tenant, but to retain in the landlord an 
exclusive and absolute estate in the premises excepted. 

To adjudicate upon points so complicated and important as these, 
it would be necessary to inquire whether the grant by the boun- 



No. .88.] 15 

dariesy conveyed possession of the parts excepted, including of 
course the' water rights, and whether the tenant could maintain an 
action of trespass against an intruder on those rights. Besides 
these, other questions of law would arise which could be decided 
with due discretion only^after an impartial hearing by the proper 
tribunal. 

Whetberi therefore, the owner is liable to taxation on the re- 
servations in the first instance, or whether the occupant is liable, 
or whether if liable as occupant, he has redress back upon the 
owner, are also questions of law to be determined by the judicial 
tribunals. The judgment to be rendered would be governed by 
the construction to be given to the covenants for the payment of 
taxes. It would be proper to consider the import of the language, 
the intention of the parties, and the character of the clauses which 
specify and except certain reservations out of the grant, as it is de- 
scribed and conferred by the boundaries. But as the statute has 
made provision for the assessment and taxation of every descrip- 
tion of real estate, there can be no necessity for any further legisla- 
tion on this branch of ihe subject 

To the complaint that estates under lease are assessed at a low 
rate, it may be answered that the statute contemplates no distinc- 
tion between leasehold and freehold estates in the valuations at 
which they are to be assessed and charged with taxation. 

Your committee are informed that the practice in the city of 
New- York corresponds with this opinion, and that no distinction 
is there made between estates held under lease or in fee& They 
are both assessed as if the estate was absolute and the land unin- 
cumbered; and such undoubtedly was the intention of the revi- 
sers and of the Legislature, for in their notes before quoted the 
revisers say: 'Tn each of these cases the occupant will be taxed 
for the full value of the land as if the title were absolute." It is 
impossible for human ingenuity to exhibit a reason why an estate 
held under a limited tenure, should be assessed at a diminished 
rate on that account, if it be admitted as it certainly must be, ac- 
cording to law and the practice of the whole country, that a free- 
hold cannot be appraised at less than its value because it is sub- 
ject to a mortgage. As this is the settled and only true construc- 
tion of the law, assessors can have no right to reduce the value of 
an estate because it is a leasehold, or held by an uncertain tenure. 
But as they commit a much less excusable infraction of law very 



16 [Sen* ATE 

generally throughout the country in regard to estates held in fee, 
by undervaluing them one-half or two-fifths, there will be no suf- 
ficient reason why a new law should be passed to enforce true va- 
luations of lands held under lease, until it be shown that this con- 
struction of the statute is erroneous, and that its language does 
not convey the intention which the revisers have attributed to the 
section to which their comment relates. 

The Revised Statutes contemplate every estate as existing for 
taxable purposes, either in the name of the owner or occupant, 
and to be assessed either to the one or the other; and if unoccu- 
pied and not owned by a resident of the county in which the es- 
tate lies, then it may be assessed to the owner as a non-resident. 

Water is not taxable, but a water course suitable for the em- 
ployment of a mill confers upon the adjoining property a value 
distinct from the intrinsic worth of the soil. The two values are 
blended into one. Any tax laid upon this estate can be collected 
from the owner or from the occupant; and if default be made in 
its payment, the property can be sold in discharge and satisfaction 
of the debt which has been thus incurred, by pursuing the course 
prescribed in the statute. 

Your committee concur in opinion as to the two foHowing pro* 
positions; That ground rents may be included in the yearly 
estimate and assessment of personal estates, the amount of the 
assessment being subject to reduction by the oath of the owner, 
as in all other cases of assessments on personal property. That 
water right reservations are liable to assessment and taxation. like 
every other real estate, to their full value, to be ascertained in the 
manner prescribed in the statute, and that no regard is to be paid 
to the tenure by which they are held, but the valuations must be 
made upon the property as if the title were absolute. 

The policy of prohibiting the creation of estates by the instru- 
mentality of long or perpetual leases having been committed to 
another committee, the finance committee have not felt at liberty 
to approach that subject. 



STATE OF NEW-YORK. 



No. 84. 



IN SENATE, 



April 17, 1835. 



REPORT 

« 

Of the Canal Commissioners, on the petition of Samuel 

Farwell. 

The Canal Commiisioneni, to whom was referred by the Senate 
the petition and docoments in relation to the claim of Samuel Far* 
wen, by the following resolution, ^^ Resolred, that the affidavit of 
Simeon Ford and the other documents in relaUon to the claim of 
Samuel Farwell be referred to the Canal Commissioners, with in* 
strttctions to report thereon/' 

REPORT: 

The facts in relation to this claim within the knowledge of the 
undersigned are principally set forth in a report made by the Ca- 
nal Board to the Assembly, on the 27th day of January, 188$. 
Since that report was made, it appears that the affidavits of Ben- 
jamin Wright and Simeon Ford, Esquires, have been presented 
in support of the claim. The affidavit of Wright states that he 
was chief engineer on the Brie canal: that he knew the work 
done by the petitioner: that he was present at the meeting of the 
Canal Board, about the first of February, 1834, when the claim 
of Messrs. Farwell's for extra allowance for prcuring limestone 
was under consideration: that the same was, with the assent of 
said Farwells, referred, by the Canal Board, to him as the chief 
engineer for examination, estimate and opinion therereon: that he 
made a careful estimate and examination, and reported the result 
thereon to the acting Canal Commissioner, with his opinion that 
the same, to the extent reported, ought to be allowed; and that 

[Senate, No. 84.] 1 



3 [iSenat^ 

he then iupposed and believed that this adjustment, estimate and 
decision was to be the final close of the whole matter. 

The affidavit of Ford states, that early in the month of Febru* 
ary, 1 824« he attended with Mr. Samuel Farwell before the Board 
of Canal Cotflmissioners in the city of Albany as counsel for him 
in relation to a claim for labor done on the Erie canal, in con- 
structing the stone work between Amsterdam and Schenectady: 
that th^ claim was then, by the agreement of the Canal Commis- 
sioners on the one part, and said Farwell on the other, referred 
to Benjamin Wright, Esquire, then chief engineer on said canal, 
to liquidate and settle, and, under an express agreement, as depo- 
nent then understood and most fully believed, and as he now fully 
believes, that the award or report of said Wright should be final 
and conclusive between the parties. 

'The undersigned have no knowledge in relation to this refe- 
rence but such as they have obtained since the claim was refer- 
red tP them by the Senate: but they are informed that the Canal 
Commissioners considered the reference of the claim to the engi- 
neer as an ordinary reference to obtain facts to enable 4hem to 
il^ttle understandikigly with the contractors; and not a reference 
to make an award that should be final and conclusive. The re- 
port of the engineer appears to be in the ordinary form, merely 
expressing his opinion as to the sum that ought to be paid, not 
awarding and determining the sum that should be paid. 

The reason, as the undersigned are informed, why the sum re- 
ported by the engineer was not paid, was that the acting Commis- 
sioner was of opinion that the contractors did not put a sufficient 
quantity of water lime or cement in the work: and for the same 
reason the Canal Commissioners were not willing to pay but a part 
of the sum reported by the engineer, when the claim was refer> 
red to them for settlement by the Canal Board in 1838. 

RetpeetfuUy submitted. 



JONAS EARLL, Jvniob^ 
MICHAEL HOFFMAN. 



.%j/ 16, 19M. 



STATE OP NEW-YORK, 



No- 85. 



IN SENATE, 



April 20, 1835. 



REPORT 

Of the committee on the militia, on the resolution ttom 
the Assembly, requesting the OoTernor to procure 
a suitable sword to be presented to ccdonel William 
J. Worth. 

Mr. Gansevoortt from the committee on the militia, to which 
was referred the resolution from the Assembly, requesting the Go* 
vernor to procure a suitable 8Word> with appropriate devices and 
emblems thereon, and to present the same to colonel William J. 
Worth, a citizen of this State, of the United States army, as a to* 
ken of the high estimaftion which his native State entertains for 
his distinguished talents as an officer, and personal bravery evinced 
in several battles during the late war with Great Britain, 

REPORTED: * 

That the committee have duly considered the said resolutioBy 
and unanimously recommend iis adoption by the Senate. It baa 
been the policy of all governments to reward distihguished brave* 
ry and to furnish incitement to deeds of patriotic valor. The pre* 
sentation of a sword is the mode which has been adopted in this 
country, as most consistent with the simplicity of our republican 
institutions. It is proposed by the resolution, (which has passed 
the Assembly without a dissenting voice,) to confer this compli- 
ment upon one of the native sons of New- York, who, in a long 
career of military service, has distinguished himself by personal 
bravery, disinterested patriotism and an ardent devotion to the 
cause of his country's glory. 

[Senate No. 85.] 1 



2 [Sbnats 

The senrices rendered by colonel Worth form n part of the his* 
tory of the Republic. The committee, therefore, state generally, 
that at the age of eighteen he entered (he military aerrice ai a 
■ubaltern, and was promoted gradually to his present rank. He 
served during the last war on the Niagara frontier; distinguished 
himself in the actions at Fort George and Chryslers^ on the St. 
Lawrence, and in the battles of Chippewa, Bridgewater and Lun- 
dy's Lane. In the last battle he was severely atad dangerously 
wounded. For his personal bravery and good conduct in these 
battles, and his zeal and intrepidity in various skirmishes, (which 
furnish the best tests of military talent and merit,} he has been re- 
warded by the general government with promotions to hits pre- 
sent rank. 

As a tactician colonel Worth is not excelled by any one. For 
several years he filled, with high reputation, the important post 
of instructor in tactics .at the military academy at West Point 
In all the essentials of a soldier, colonel Worth was not surpassed 
by any officer of the gallant army of the Niagara during the last 
war. Major-general Lewis, with whom he served during that 
war, in a letter to the President of the United States, sums ap 
the character of colonel Worth in these words: 

^' As a gentleman, ^he possesses the strictest honor, uprightness 
and integrity: as a man, intelligence, information and many virtues, 
unalloyed by vicious habits: as a soldier, he is -active, brave, judi- 
cious, industrious, and ever strictly attentive to the discharge of 
his various duties: as a tactician, excelled by no one.'' 

The committee indulge the hope that this resolution will re- 
ceive the unanimous approbation of the Senate. If conferred by 
a majority it would be but a faint compliment to this gallant offi- 
cers; and the cfommittee so well know the nobleness of the man 
and the chivalry of the soldier, that they feel bound to say, that 
colonel Worth would rather not receive the sword, unless tender- 
ed by the unanimity of the Legislature. 



STATE OF NEW-YORK. 



No. 86. 



IN SENATE, 



April 22« 1 



:^s 



REPORT 

Of the select committee on the petition of Adam 

Hoopfik 



The select comoiittee to which wai refinred the petitioB of 
Adam Hoops, 

REPORTED^ 

Upon an investigation of the interesting documents presented 
by the petitioner, and the reports heretofore made to the Senate 
upon the subject, it appears that Mr. Hoops, in January, 1808, en* 
tered into a contract with the HoHand land company, for the pur* 
chase of 20,000 acres of the company^s lands, situated in the now 
counties of Cattaraugus and Allegany: that the primary object of 
the petitioner, in making said purchase, was the design on his 
part, (particularly explained to, and approved by Mr. Paul Busti, 
the then general agent of the Holland land company,) to open a 
commnoication between the eastern and western States, through 
the lands of the company, and the establishment of a village on 
the Allegany river, as a place of embarkation, an object no less 
desirable to the owners of the soil than beneficial to the State. 

In the contract the company stipulated to open a wagon road, 
if required, from a point designated on the Genesee river to the 

[Senate, No. 86.] 1 



AITegimy river, near the present village of OleMi* ^ The road 
nicndoned was not made \n eompllance virith the terms of the 
contract, whereby the rmpr^vementa contemplated by Mr, Hoop» 
were retarded, and serious embarrassments were experieiiced by 
him in meeting his payments la the company.*^ 

The committee of the Senata who* reported upon tlHs subject Id 
182^, (Senate Documents 118,) very justly remark, **that ihe 
State N mskrfi indebted to the early and patriotic exertions of Ma- 
jor Hoops in the settlement of^ until then, an aknost onexpbred 
portion of its territory; and that his enterprising spirit has over- 
whelmed hfhfn in nua. Major Hoops ia one of the few surviving 
officers of the revolution, and has devoted a large portioB of his 
life to the most meritorious services. To witness such a man, 
in the decKne of life, divested of the noeans of support he had 
for many years been lab<Mring to secure, gives rise to the most 
painful reflections/^ But, after due consideration of all the cir- 
cumstances connected with the subject, the committee are com- 
pelled, by their sense of official obligation, to say, that what- 
ever hardships the case of Major Hoops may extbibit; however 
deeply they may, as fellow-citizens, feel the injurioua eonsequen^ 
ces to him,, from a failure on^ the part of the Holhind companj 
to perform iheir contract, or from his exertions to settle a re- 
mote and uninhabited quarter of this State, yet it does not ap- 
pear to them to be a subject proper fop leigslative action.. 

The committee, however, think it not improper to reeommendr 
in the hope that the company may duly appreciate the claim of 
the petitioner, that he communicate to the general agent a letter 
dated l&th November,^ 1834, addressed by the late Chancellor 
Kent to Peter S. Henry, Esq., as counsel of Major Hoops, which 
letter has been submitted to the eommittee, and from which it ap- 
pears to be the opinion of the late Chaocellor that, although Ma- 
jor Hoops has no bhtim that could be enforced in a court of law, 
yet the zeal displayed by him to advance the interests of the Hol- 
land company, in the settlement of their lands, affords giound for 
a strong appeal to the justice and equity of said company for 
muneration. 



No. 86.] 3 

The committee, therefore, recommend that Major Hoops sub- 
mit this letter to the general agent of the Holland land company, 
with entire confidence that it will receive from him that atttention 
is due to the subject of it 



STATE OF NEW-YORK. 



No.87. 



IN SENATE, 



April 27, 1835 



aa 



ANNUAL REPORT 

Of the aflkin of the Ontario Savings Bank, as they 
existed on the 1st day of January, 1835. 

TO THE LEGISLATURE OP THE STATE OP NEW- 

YORK. 

• 

The board of managers ct the Ontario Savings Bank, in pursu* 
ance of the tenth section of the act incorporating the said bank, 
passed April 20th, 1830, which requires the corporation to make 
an annual repcnrt, to the Legislature of this State, of their funds 
and investments, hereby respectfully reports 

First — That the books of this institution were first opened on 
the 28th day of April, 1882, since which time, there has been de« 
posited the sum of two hundred and one thousand two hundred 
and eighty-four dollars and thirty-five cents, and one thousand se- 
ven hundred and thirteen deposites. 

Second* — That there has been drawn out, in one thousand four 
hundred and eighty-nine drafts, one hundred and sixty-one thousand 
two hundred and thirteen dollars and forty-nine cents, leaving in 
bank, on the Ist day of January, 1835, forty thousand and seven- 
ty dollars and eighty-six cents. 

Third. — ^All the moneys in the bank at the date last aforesaid, 
are loaned out on satisfactory security, according to the provisions 
of the act of incorporation. 

WALTER HUBBELL, 
Dated January \st, 1835. 
[Senate No. 87.] i 



2 [Sematc 

Ontario county f m. 

Waller Hubbell, president, and Henry F. Penfield, secretary of 
the Ontario Savings Bank, being dufy sworn, say, and each for 
himself says, that he believes the within report to be trae. 

WALTER HUBBELL, 
HENRY P. PENFIELD. 

Sworn this 16th dav of April, 1S8&, } 
by H. F. Penfield, before me, ] 

. . Ansel Mann^ J. P» 

Sworn this 21st day of April, 1885, 
by Walter Hubbell, before me, 

Oliver Phelps, First Judge of 

Onturio county Courts, 



STATE OF NEW-YORK: 



No. 88, 



IN SENATE, 



May 11, 1835. 



REl^ORT 

Of the select committee, consisting of the Senators of 
the 3d district, on the memorial of sundry inhabi- 
tants of the city of Albany, in regard to the manu- 
fecture of beer. 

Mr. Edmonds, from the select comfnittee, consisting of the Se- 
nators of the 3d district, to whom was referred the memorial of 
sundry inhabitants of the city of Albany, in regard to the manu- 
facture of beer, 

REPORTED: 

It appeared from the papers submitted to them, that it was charge 
/ed that the ale, beer and porter manufactured in this State was 
adulterated by the use of various drugs; somo of which were re- 
presented to be of a noxious and unwholesome quality. Those 
charges were made, so far as the committee were advised, in a 
paper published in the city of Albany, and in order to- investigate 
their truth, the committee caused a letter to be addressed to the 
conductor of that journal, requesting such information upon the sub- 
ject as it might be in his power to communicate. 

The Senate is already aware, that he refused to comply with 
that request, unless the committee should be cloathed with power 
to send for witnesses, and to take their examinati6n. His letter of 
refusal is annexed to this report, (marked HT*)- When the Se- 
nate refused to grant such power, the committee were desirous of 
proceeding no farther in the investigation. But the manufacturers 
expressed so strong a desire of having an opportunity to exculpate 

[Senate No. S8.] 1 



2 [Senate 

themselves^ from the charges, that the committee deemed it strict 
justice to afford them that opportunity. They, therefore, prepar- 
ed a series of interrogatories, reacfeng the nvbole case, as they 
believed, and directed a copy of them to be delivered to each of 
the brewers between and including Lansingburgh and Brooklyn. 

Answers, under oatb, have been received from the foHowing per- 
sons; 

E. Parmelee & Co* and J. Dougrey & Co, Lansingburgh; Nash, 
Burt & Co. and J. and N. Wallace, Troy; Fidler & Ryckman and 
their workmen, Andrew Kirk, Peter BaHantine and his workmen, 
White, Barker & Co., John Taylor and bis head brewer, and Ro- 
bert Boyd, Albany; George Robinson, Hudson; Hazard 1^ Gardi- 
ner, Catskill; M. Yassar & Co., Poughkeepsie; Law, Beveiidge 
fc Co., Newburgh; D. R. Tittlct Dobbs' Ferry; John Johnson, 
Brooklyn; R. C. Wortendyke and his son, C. & S. Milbank, Wm. 
McMurtee & Co., Sagebury & Sherwood, W. B. & A. Miles, Da- 
vid Jones, J. M. Mounsey & Co. and workmen, S« Samer, Henry 
Bunco and his foreman^ Thomas Kelley, Wm. Kinch and his fore- 
man, and George Ketching and his foreman. New- York; Thomas 
Reed & Son, Troy. 

It will be seen from the interrogatories, (a copy of which is an- 
nexed,) that the principals of the different breweries were required 
to give the names of their workmen, with the view, on the part of 
the committee, to have each workman also examined. But the 
committee being limited, both as to power and time, their exami* 
nation was not insisted upon, and indeed was not directed to 
be taken. So far as the answers of such workmen have been 
given, it has been entirety a voluntary act on the part of their em- 
ployers. 

The answers accompany this report, and are so fall and expli- 
cit, as to leave no doubt on the minds of the committee, that all of 
the establishments above mentioned are guiltless of the charges 
made against them. 

Malt, hops and water are the only ingredients used in the manu- 
facture of beer; except that in some of the breweries, a little fine 
salt, and in some cases, honey, molasses or sugar, are used. Malt, 
honey, molasses and sugar, are used for their saccharine noatter; 
hops, for their taste and preservative qualities; salt, for its flavor; 



No. 88.] 3 

and burnt sugar gometimes, for colouring. The difference in co- 
lour is principally owing, however, to the different degrees of heat 
used in drying the malt The difference in the taste, to the pro- 
portions of malt or hops used — to ^e fermentation, to the varia- 
tions in drying, and to other causes which are detailed in the an- 
swers, and which satisfactorily account for these differences, with- 
out a resort to the use of any articles other than those which arc 
admitted to enter into the composition of the beer or ale. 

Every answer denies, unequivocally, the use of any noxious or 
unwholesome drug, or any other article than malt, hops, water, 
sugar, honey, or molasses and salt. 

The committee cannot discover any inducement which Che manu- 
facturer in this country has to use those drugs, or any of them. 
In England, the high duties which are imposed on the malt and the 
liquor, render the adulteration a source of great profit to the manu- 
facturer and the seller. The absence of such duties here, re- 
moves the inducement. The tax in England on ardent spirits, 
produces the temptation to use intoxicating drugs in malt liquor. 
There is no such tax, and consequently no such temptation in our 
country. The causes of the difierence in the respective countries 
are, however, so well explained in some of the answers, particu- 
larly in that of Mr. Fidler, that the committee do not deem it ne- « 
cessarv to enter into a more full examination of them here. 

It will be observed by some of the answers, that some of the 
brewers, several years since, tried the experiment of using drugs 
in their beer — ^induced to do so, probably, by the English publica- 
tions, but it is averred in every instance, that the ex|)eriment fail- 
ed — the drugs spoiled the article, and the practice from thence- 
forth was abandoned. And the committee are persuaded that the 
Senate will find in the testimony good reason for believing that the 
practice has not been resumed, and is not now followed, at least, 
in those establishments whose answers are hereto annexed. 



DOCUMENTS. 



Letter fntm E. C. Delavan. 

.many, Jlpril 16, 1835. 
Dear Sir» — 

I have received your favor of yesterday, saying ** thai the 
rommitlee to whom has been referred the duty of investigating 
the manufacture of beer, are desirous of procuring such light and 
information upon the subject, as it may be in their power to give." 
I presume this request has not been made on the supposition that I 
have any personal knowledge on the subject, but in consequeiicc 
of my connection with the Temperance Intelligencer, in which 
communications have appeared, stating that unwholesome drugs 
are used in the manufacture of strong beer. Such communica- 
tions have been '^i'eceived, and as they proceeded from sources 
which entitled them lo credit, I have deemed it my duty to the pub- 
lic to give them publipity; without, however, pretending to any 
personal knowledge of the matter. Although I disclaim any per- 
sonal information on this subject, I have no doubt that deleteri- 
ous drugs are to some extent used in the manufacture of strong 
beer, and that this fact can be satisfactorily established, if the com- 
mittee shall bo authorized to send for persons and papers. The 
examination of such persons as may volunteer to attend and give 
evidence will not, in mv judgment, be such a thorough and satis- 
factory investigation of this deeply interesting subject, as its great 
public importance demands. If any thing is wrong, those who 
know it, and are interested in concealing the truth, will not be 
likely to appear before the committee; and the examination of a 
hundred persons employed about brewing establishments, to show 
that they do not know of the use of drugs, could notl)e deemed 
a satisfactory investigation. It may be that drugs are used in one 
brewery and not in another, and where they are used it may only 
be known to one person, while all the other hands are ignorant of 
the fact. The only mode, therefore, in which the question can 
be satisfactorily decided, is by authorizing the committee to call 
for unwilling as well as willing witnesses. When this shall be 
done, I will furnish the committee with the names of persons who 
can give important testimony on the subject. 

If drugs are not in fact used, in the manufacture of beer, then 
it may be presumed the persons interested in that branch of busi- 



iiess will unite in the request, to arm the committee with power to 
probe the question to the bottom. If, however, it should not be 
deemed expedient to take this course, I shall not feel myself called 
upon to take any particular interest in the investigation, and shall 
have no communication to make to the committee. 

1 am, sir, 

Yours, with great respect, 

EDWARD C. DELAVAN. 



Interrogatories addressed to the Brewers by the Committee. 

State op Nkw-York, ) 

Senate Chamber ^ ^pril 18, 1835. ) 

^ The select committee of the Senate, to whom has been referred 
a memorial in reference to the manufacture of ale or strong beer, 
beg leave to request your answer to the following 

INTERROGATORIES: 

1. Arc you engaged in the business of brewing ale, porter or 
strong beerl If so, where, and for how long a time have you been 
so engaged, an^ in whose employ T 

2. How many workmen have you now employed in that busi- 
ness, and what are their names, and what is the particular branch 
of the business in which each is engaged! 

3. Have coculus indicus, nux vomica, opitim, laurel leaves, cop- 
peras, alum, sulphuric acid, salt of steel, aloes, capsicum, sulphate 
of iron, or copperas, or any other deleterious or poisonous drug 
or compound, or any or either of them, or any extract or essentia 
property thereof, been, at any time, or in any quantity, directly 
or indirectly infused, mixed, put or- used in beer, ale or porter, 
cither when being manufactured or when preparing for market! 
If aye. at what time, in what quantities, and by whom! 

4. Have you, or any person in your employment, or by youi: 
procurement, or with your knowledge, consent or approbation, 
caused or procured any such drugs or compounds, or the extract 
or essential qualities thereof, to be infused, mixed, put in or used 
in ale, porter or beer! Have you, or any one on your behalf, at 
auy time purchased or owned, or had in your possession, any of 
the said articles! If aye, when, in what quantities, and for what 
purpose, and to what use were they or any of them applied by you 
or any one on your behalf? 

5. Is there any inducement*for the use of any of said drugs or 
compounds in the manufacture of ale, beer or porter! Is the use 
thereof a matter of profit or loss to the brewer! Is there, in this 
respect, any difference between the manufacture in this country 
and in England, and what is that diiTerence and the cause thereof! 

6. What are the ingredients or materials of which the beer, ale 
©r porter, manufactured by you, or at your establishment, or un- 



No. 88.] 7 ' 

« 

der your view or supervision, are composed? State all of them, 
and the qualities and properties of each, and the reasons for their 
use; and also the reason for, and the causes which produce the dif- 
ferent shades, strength and flavor of the beer, ale and porter, by 
you manufactured, and particularly that flavor which gives to 
some beer the taste of aloes. 

Jln»wer of L, FUler to Interrogatories addressed to the Brewers, 

h L. Fidler, being duly sworn, says, that he is a brewer of ale 
and beer, and has been engaged in that business for more than six- 
teen years last past, in the city of Albany, and is now of the firm 
of Fidler & Ryckman. 

3. I never have used, in any way or manner, any of the articles 
mentioned in the 3d interrogatory, in any description of malt li- 
quors, and answer in the negative to the whole meaning of the in- 
terrogatory, as far as may practice extends. 

4. I have not, nor has any other person for me, to my know- 
ledge, ever used any of the articles mentioned in the 3d interroga- 
tory, and I feel confident that they never have been used in any 
malt liquor made by me, or any other person in my employ, nor 
has any deleterious drug of any sort been used in the malt liquors 
I have made, or had manufactured, to my knowledge 

I have purchased several times sulphuric acid, in small quanti- 
ties, for cleaning kettles, and for no other purpose. I many years 
since, purchased for six pence, a small quantity of copperas, and 
used it in ink, and hav« not had or used any of the articles men- 
tioned in the 3d interrogatory, excepting as here stated, during 
the sixteen years last past. 

5. There is no inducement, as far as interest is concerned. I 
will explain, by stating the circunMtances that brought them into 
use in England. The introduction of intoxicating drugs iix En- 
gland, as ingredients in malt liquors, is well known to all wKo have 
knowledge of the history and practice of brewing in that country, 
to have originated with the excessive duties imposed on malt, 
hops, and more particularly malt liquors. A direct tax on strong 
beer, of say 105. sterling or •2.22, and 2s. sterling or 44fc. per 
barrel on table beer, had not been levied on brewers but a short 
period, before some publicans and brewers, in order to evade the 
duties and secure to themselves the amount of diflTerence between 
these duties, began the system of adulterations. The publican 
mixed honey, treacle, sugar, or some other saccharine matter, to 
give body or sweetness, and cocolus indicus, to intoxicate, and have 
the appearance of the spirit of strong beer, and then sold small adul- 
terated table beer for strong beer. Some small brewers adopted the 
same nefarious practice. To shew this adulterating system, and the 
gain of those concerned in it, I will take the price of table beer in 
1824, at i6s. sterling per barrel, exclusive of duties; the weight of 
this table ale would be about 18lbs. by Dicas Sacharometer, (the 
excise instrument,) and 24lbs. would be about the weight of strong 
ale. The additional quantity of malt necessary to make table 



8 [S£NAT£ 

beer strong becc, would cost 68 cents per barrel, the cost of ho- 
ney, treacle or sugar, and coculus indicus, would cost at least from 
90 to 92 cents per barrel; and it is a fact, taking the average price 
of honey, treacle or bugar, barley is the cheapest saccharine for 
making beer. These prices give us the following results: 

A barrel of snnall beer cost, • * • . . £0 16 00 

Additional malt, say 04 00 

Duty on strong beer, say 10 00 

£l 10 00 

A barrel of small beer cost ,. £0 10 00 

Coculus indicus and sugar, say 04 03 

Duty on small beer,. say. 02 00 

1 02 03 



£0 07 09 

A man by this fraud on the excise, or tax, gains one hundred 
and seventy-two dollars for every hundred barrels of beer adultera- 
ted and sold. A brewer in Plymouth, (England,) as stated in the 
reports of persons convicted of fraudulent practices, gained by 
evading the duties., the enormous sum of £32,000 sterling, or 
$142,080.00 in a few years. 

It is impossible to give the fine flavor to beer by any other ma- 
terial than malt and hops, and drugs will not impart keeping quali- 
ties to beer. The inferiority of adulterated beers, provided ibey 
could be made a trifle cheaper, must eventually be a loss to the 
person who makes them, as they cannot come in competition with 
the pure malt liquors in this country. Another cause may be men- 
tioned why beer has been so much adulterated in England, which 
is, the high duties on home spirits, and imported brandy, gin and 
rum : these duties almost prohibited the poor laboring classes the 
indulgence in them, and it was so intended by the framers of those 
laws, in order to encourage the use of a nourishing and healthful 
beverage, to promote economy and the agricultural interest 
These duties on ardent spirits, prompted those inclined to intem- 
perance to drinking old ales, because they contained more alcohol, 
and sooner produced the stimulating effects of ardent spirits. To 
gratify this propensity, brewers of ^' home made beer;*' publicans, 
and brewers with small capitals, who where not able to keep a 
supply of 7^ 14 or 21 year old beer, resorted to the expedient of 
mixing sulphuric acid to give the beer the smack of age, and cocu- 
lus indicus, to intoxicate. 

These are the reasons why drugs were inti;oduced in England; 
TBEY DO NOT EXIST IN THIS COUNTRY, and as nothing is to be gain- 
ed by adulterating, I do notbJtlieve they are used. 

In America, the drunkard is no patron of the brewer; he is not 
willing to distend his stomach, lose his time, pay five times as 
much to get intoxicated, as he must, if he uses beer instead of ar- 
dent spirits. 

6. The materials of which I make beer and ale, arc malt and 
hops, together with a trifling of common salt; these are the only 



Vi>. 88.] « 

ingredients used by me or for me, nor have 1 ever used, or had 
others to use for me, any other materials with the exception of 
a very few times, and then only by particular request of some in* 
dividuals, and those articles used have been spices, and sugar, and 
honey; and onoe only, many years since, liquorice. The spices 
used were corriander seed and ginger, I think but twice I have 
purchased isinglass and used it for finings, not more than four or 
five times have I ever used colouring, such as used for spirits, nor 
has ever any other ingredient been used by me, or for me. I have 
here stated the extent of every other article used by me than malt 
and hops. The articles I have used, I should be willing to use at 
any time, if I thought they would be of any advantage. I am 
persuaded that no spices or sweets 6an compare with the tonic bal* 
sam of the hop, or the saccharine of barley. Ales are of three 
colors, pale^ a$nber and brown; these colors are made by drying or 
roasting the nrwlt on the kiln, to suit the color of the liquor; the 
flavor of each brewing of ale or beer difler more or less, scarcely 
any two are the same; the causes are owing to some change in the 
process of malting, the manufacture of the ale, or hops. The pro- 
cess of fermentation, of every brewer, is the source of the princi* 
pal diflference of the flavor of their ales, no two scarcely practice 
alike; a neglect of the brewer, or want of skill, is often percepti- 
ble in the bitter disagreeable taste of some ales, said to resemb'e «iIh s; 
this is occasioned by letting the yeast, after it rises on the top of 
the liquor, to fall back, instead of carefully working it oflT, and this 
taste is called ytasi hit; another very nauseous taste in malt li« 
quor, technically called faxed or blinkd^ is owing to a putrid fer« 
mentation taking place in the liquor. I do not know of any' article 
of diet or drink that so easily assimilates the odors and flavors of 
the air, and articles that come in contact with them, as do malt li* 
quors. Clean vessels, pure air and water, are indispensable to ob- 
tain fine flavored ales; even after barrelling, to keep sweet, must 
have a cellar free from all impurities. Probably one reason why 
English ales and beers are more alike in their flavors, is that a 
great part of them are vat ted, putting several brewings together 
into one piece or vat. 

LANCELOT FIDLER. 
Sworn to me before me, this 
29th day of April, 1895, 

John J. Hill, Commissioner of Deeds, 

Jlnswer of Samuel Scantlebury, 

L I have been engaged in the brewing business in Albany and 
New-York, since the winter of 1825 and 2*6. I have been 6 years 
in Albany, formerly with R. Dunlop, and at present with Fidler 
%L Ryckman. 

8. Never by me nor by any one else to my knowledge. 

4. Never, nor ever purchased or owned any of them for using 
in ale, beer or porter. 

I have, however, frequently used sulphuric acid, for scouring 
our coppers. 

[Senate No. 88.] 2 



IV ISi 



6. Kcvtr having brewed in England^ I have no knowledge bat 
by report, oii this SHhjcct. 

' 0. Malt, hnps, water, and a little common salt arc the anljr in-^ 
prcilientsi used by me for ale, porter or becT. 8omc yenrs ago, 
howeverrby way of experhnent, I used' atK>ut ten or rweivc pounds 
of grains of paradistt ami a few pounds of coriander seeds. »nd I 
have used or*(!nsi«>tia)!y since motasses. sugar and honeys but as f 
never <-oukl dtucover any advaiitagc in the use of these iirticles, I 
have made no use of rhem of late* 

The different shades are occasioned by the difR*renee in the ro* 
h>r of the matt, whitrh cotir arises partly from the color ef the 
skin of the barley mid partly from the process of drykti;. The 
fla%'or also arises, in |mrr. fn »m the drying of the malt and rbc qiiaN«^ 
ty of tlie hops, and also from the process of fcmientation. The 
f^iste i>f aioes nHuded to, I take t«> l»e what we fechnicatty rail 
yenst-bitfen, which is occasioned by want of care or skill ia the 
brewer* 

SAMUEL SCANTLEBURY. 

Albany, JIfnt 2%ih, I83&. 

The foregoing affidavit sworn to Ais t 
30th day of April, 1832^, before me, \ 

Prter CjkRMrcBAEL, Commissioner »f Deeds* 

Persons in the employ of Fidter fy Ryckman^ 

Wm. P. Johnson, Jr., clerk ^ Charles Rogers. Tinrwthy Connef* 
ly, Charles Walker, malsters; Charles Field and son, and Bernard 
Lyncht makiters, reside at Augusta, Oneida coanty; James Reed, 
Patrick Rating, John Lanagan, John tlaile. cellarmcm ; Jamca 
Burns, (mgineer; William Barrit, James Falter, Patrick iShea» 
workmen; Bi^rnard Williamson and Jeremiah Nowlan, draymen; 
William McMillan, William Costota and James Moore, coo|iers. 

All whose names are hereunto subscribed, have beard read re* 
peatcflly and carefully the 3d and 4tli interrogatories, and to all Ihe 
questions put in them, we each individually answer, No. 

Wm P. Johnson, Jr., clerk, his 

his John X Ilaile, 

John X Lianagan, mark 

mark Jaipes M. Fuller, 

Thomas Byrne, James Reid, 

Charles Rogers, William Barritt, 

Timothy Connelly, William McMillan, 

his William Costdo, 

Charles X Walker, his 

mark Barnard X Williamaoo, 

Patrick Shea, mark 

Jeremiah Nowlan. 
Sworn before me this 30th day ) 
of April, 1835. ' ) 

Peteb Casmichael, Commissioner of Deeds. 



No. «•.] It 

Answer nf C* JV, Ryekman* 

Alranv Got'NTV, «»• 

Garret W. Rycktnao, of the city of AUmny, being duly ffwora, 
answcm to the ibrt.g(Hng interrogatories, as lollows: 

L I am i}jigage(t in the brewing and malting business in the city 
of Albany, and have been connected ki litisiiiess witli Mr. L. Fid* 
ler Uh' nearlv three vears. 

tL To this interrogatory I nnswcr*-Noy not to my knowledge. 

4. To this iutoiTogatory — N«>. 

'i. I have careluUy perused the affidavit of my partner, Mr. I^ 
Fidler, and ha\H; tlic fullest confidence in his statements, and be* 
lievc the'reasons assigned by him to lie triic^ 

6. I again refer to Mr« L. Fidler's acctimpanying affidavit, fn 
answer to this interrogatory. Many of the reasons assigned by 
him, I kiK>KV to be correct, and the whole answer I helteve to be 
true. C. W. RYCKMAN. 

Sworn teforo me, this 30th 
day of April, 183&. 

P«T£« Carmichari., Commissiojier ofDeeds^ 



Answer of Andrew KirL 

To tlie chairman of the select committee of the HonnraMc the Sc* 
nate, in reference to the manufacttire of ales, porter ami beer: 
1. To ihis interrogHtory, ihe undersigned n*plics, ihut he has 

been cngagi;d in the brewing Uisincss f«*r the la!»t three years in 

the city ot Albany. 

3. To this hiicriogatory, the undersigned replies, that he has 
never used any dnigorctompound nf any «tescription, in the mainj* 
iaclure of«<e, nor has any extrat-tor the essential projwity of any 
of them l»€C'n used in the ale maiiutactiired at his brewery. 

4. To this internvgatnry, the undersigned answers, that he has 
not, nor bas any ]yersf>n for him. procured any j^uch drugs or cruh* 
pound.<«, or the extrart, or the cssentiiil qnalitit% of any «>f th<;m. 

5. To this intern>gatory, he answers, that tie is ignorant of any 
inducement to use any of the said drugs in making l>eer, ale (*r pnr* 
ter, and would venture the opinion, that tht^y wou'^d ruin both the 
brewer and his beer; have never been in Englan)) Heavy duties 
;iir^^ said to have induced some brewers to use drugs in that coun- 
trv. 

6. To this interrogatory, he answers, that the materials of which 
his ale are made, (x^nsist oC malt, hops and water, with a little 
salt. Malt furnishes the saccharine matter; hops impart an agree- 
able flavor, and are highly etiicacions in preserving the l.quor. 
The diiference in strength ilepends upon quantity or quality ol^ the 
mall, or the skiifulness and attenvion of the brewer. The shades 
of color are the etfeci of the dilfercnre of heal in drying the mall. 
The flavor of aloes inav be oceasioped bv nc^litrcnet; or bad ma* 
terials. * ' ANDREW KIRK. 
Sworn before me, this 9th ) 

day of May, 1 835. S 

Thomas W. IIarm aVi CommisMioner of Deeds* 



12 [S&JVATr 

•Answer of Peier Bailaniine* 

L Aye — in Schenectady and Albany, for seven yeanr : in Sche-^ 
nectady, two years for I. M. Schermerhorn ; in Albany, two years 
for Robert Boyd; one year for Andrew Kirk; and two years for 
myseFF. 

8. None have ever been used by me, in any manner, or to my 
knowledge. 

4* Never purchased, owned or had hi my possession, any thing 
of the sort, for using in ale, beer .or porter. 

5. Not having used any of the above drugs, cannot say wlicther 
there is profit or loss to the brewer, and only know, by report, 
what is the practice Jn England. 

6. Malt, hops, and a very small quantity of common salt, are 
the Only ingredients used by roe, at any time, for ale, beer or por- 
ter, except once when I tried the experiment with thirty pounds 
of sugar, and at another time, with half a barrel of honey. The 
different shades of color are derived from dr}'rng and roasting the 
malt; and the flavor from the drying and fermentations. The disa* 
greeable taste said to resemble alovs, is given in the fermentation, 
and is what the brewers technically call veast-bitten. 

PETER BALLANTINE. 
Taken and sworn to before me, 
this 28th day of April, 1835. 

J. Lansing, Judge of Albany Com. PleaSf Counsellor^ i^x^ 

The answers, likewise, of William Walker and George Cum- 
mings, maltsters; Alexander Moore and William Hogg, cellarmeii; 
Thomas Waldie and James Moore, upstairsmen;* William Eger, 
drayman ; Joseph Baliey, laborer ; Gilbert Utter and Robinsoa 
Torn, coopers; and Williair Fidler, clerk — who being severally 
duly sworn, deposed as follows : that they are, respectively, in the 
employ of the above named Peter Ballantine, and they further res- 
pectfully answer to the foregoing third, fourth^ fifth and sixth in* 
torrogatorics, which have been respectively read to them^ as well 
as the several answers thereto of the said Peter Ballantine, that 
they have no other information, knowledge or belief, respecting the 
subject matters inquired of by the aforesaid interrogatories^ than 
what is contained in the answers aforesaid of the said Peter, and 
which answers, from the acquaintance which they have with the 
said Peter, as well as their own knowledge, they verily believe to 
be true. 

W^illiam Walker, Joseph Bailey^ 

William Egcr, Thomas Waldie, 

George Cummings, William Fidler, 

James Walker, James Moore, 

Robinson Torn, William Hogg. 

Gilbert Utter, 
his 
Alexander X Moore, 
mark 



No. 88.] 18 

State op Nbw«YorK) 
JittHiny County^ 8S, 

I do hereby certify, that on the twen- 
ty-eighth day of April, one thousand eight hundred and thirty* five, 
William Walker, Williano Eger, George Cummings, James Wal- 
ker, Robinson Torn, Gilbert Utter, Alexander Moore, Joseph Bai- 
ley, Th«»mas Waldie, William Fidler, James Moore, and William 
Hogg, personally appeared before me, and being duly sworn, de- 
posed, that they had read the answers by them subscribed, and 
that the same is true of their own knowledge, except what is stated 
to be on their information and belief, and that they believe the same 
to be true. J. Lan'«i>o, Judge, tfc. 



Answer of White, Barker ^ Co. 

The subscribers of the firm of White, Barker & Co., in the city 
of Albany, in reply to the foregoing interrogatories, respectfully 
state: 

1. That they are engaged in the business of brewing ale in said 
city; that William White, one of said firm, has been m sqid busi- 
nesss for about eight years; that Samuel Pruyn, one of said firm, 
has been engaged five years; and that Charles Barker, the other 
of said firm, has been engaged in the same two years; that they 
are in said business on their own account in said city. 

3. That they have never directly, or indirectly used, or caused 
to be used, all or any part of the articles named in this interroga- 
tory, or any other deleterious drug or compound whatever; and 
that they have never seen, to their knowledge, many and most of 
the articles named. 

4. That to this intei rogatory, they reply simply in the negative. 

5. That they are ignorant of the profit or loss which would ac- 
crue from the use of deleterious drugs in ale; but are of opinion, 
that in this country, the use of such ingredients would result in 
pecuniary loss, and that there can be no motive whatever (partiru- 
larly of gain,) in employing them; that they are unacquainted 
with the difference (if any there be,) between the mode of brew- 
ing in this country and in England. 

6. That barley malt, hops and water, with a handful of common 
table salt in each brewing, are the sole and only articles now used, 
or which ever have been used in the manufac'ture of their ale. 
From the malt, the saccharine matter is extracted; the hop pro- 
duces a bitter aromatic flavor, and is also essential for its preserva- 
tive qualities; the salt is added for the same purpose as in prepar- 
ing the ordinary food of mankind; the rest^f the operation is pro- 
duced by an operation o/ nature, called fermentation, carefully 
watched and directed by the experience of the brewer; thediflerence 
in the color of ale is c^us^ entirely by the degree of heat and in 
drying the malt — when dried by a slow fire, it makes ^' pale ale," 
when higher dried, it makes ''brown ale"; the ''flavor which 
gives to some beer thi) taste of aloes," is caused either by imper- 



14 [SsifATS 

fert fermcnfntion, or by hops of an inferior qnality and bad flavor* 
The process of fennenlalion bein/r one ol the hidden mysterirs 
of nature, sometimes produces results not easily to be accounted 
for. 

The suhscrilicr, William White, personally superintends and di^ 
rcc'ts the brewing department of ihe aforesaid firm, is hinis«*lf the 
practical o|)erator, and no article or ini;rredient can be used with- 
out his personal knowledge thereof. Dated and mib8crilH?d at Al- 
bany, 2mh April, 1885. WILLIAM WHITE. 

CH%KLE8 BARKER, 
SAMUEL PRUYN. 
Swotn^nd subscribed this SOth ) 
iday of April, 1835, Ixsfore me, ) 

Dani£l W. Mills, C(>mmissianer^ jrf« 



Jlnswer of John Taylor. 

1. I own a brewery in the city of Albany, and ha\'e been en* 
gaged in the brewing business in Albany the last twelve years. 

3 & 4. I have never purchased, or caused to be purchased, direct* 
ly or indirectly; nor have I used, or caused to be used, or known to 
be used, any of the articles enumerated, or any other drug; nor 
have I ever owned, or been in pot>session of any of the orticlesenu* 
nierated, or any other drug not named; nf*r have any such drugs 
named, or any other not named, l>e(.*n brought into, or ustmI in the 
priN-ess of brewing, or nfterwaids infused, o/mised in my bicuery 
to my knowledge, with any ale c»r beer. 

5. I know of no inducement tor the use of anv of the cnumcra- 
ted articles, either as to pmfit or the flavor «»f the ale; but on 
the contrary, believe they \v«>uld lend to destroy the keeping 
qualities of the ale, and thus be ruinous to the business, from tl.c 
quantity of ale nec!cssary. at all times, to kof*p on hand. 

tS. Barley malt, hops, water and yeast, (with the exception of 
small quantities of white sugar and fresh honey.) are the only ar* 
tides ever used by me; the difierence of the shade, strcmgth or 
flnvor, dcfiending on the process of making and drying the malt, 
the proc(*s8 of lermenting and proportion of mnit and hops in tho 
manufacture of ale. JOHN TAYLOR. 

Sworn and subscribed this SOth i 
of April, 1835^ biTore me. \ 

DaMcil W. Mill8, Commissioner^ ^•c, 

Anstoer of William Jlmsdelt, 

1. I have been a brewer twenty-one years, and have brewed the 
last three years for Ji»hn Taylor, in Albany. 

3. I have never used any of the drugs enunficratcd, nor any oth* 
er drug in llie process of brewing, neither lor the piir|OM: of mix- 
ing with malt liquors after it was brewed; Lcither have 1 directly, 
or indirectly caused it to be done. 



No. 68.] 15 

4. Havifif? tho full char^^c of the brewing department of Mr 
John Tayli)r':i brewery, no article of drugs could lie used without 
my knowledge, nor, has been used in any way or manner, in the 
manufacture of ale or bcer<— the only malt liquors nianufaciured 
by him. 

5. I do not believe any inducement exists, for the use of drugs, 
in the manufacture of ale — ton weights of them are worse than ust" 
less; and that brewer (if any,) who uses them, defeats his own pur- 
pose, and must be ignorant of the true princi|des of the process, 
fur the following reasons: 

1st. The flavor produced by malt and hops are inimitable and 
unattainable by any other tnatter whatsoever. 

2d. No vinous fermentiitinn can be produced, except from a li- 
quid that is saccharine, which is necessary in the manufacture of 
malt liquors. 

Hd. All s|>iritua!ity or strength is the produce of such fcrmenta* 
tion, and this, in conjunction with precautions in ihc heats and 
niashings. determines early or late periods <»f fineness, wholcsome- 
ness and flavor; much depends on this interesting part of the pro- 
cess^ and fixes the desirahle quality of preservation — a desirable 
property, of which hops afford the basis. 

It. Malt, bops, yeast and water, (sometimes a small portion of 
fresh honey or white sugar,) are the only articles I have ei'cr 
used in brewing of malt liquors. The process of drying the malt, 
varies the shade of the ale, and will also aflect its flavor. 

WILUAM AMSDELL. 
Sworn and subscribed, this 1st ) 

day of May, 1835, before me, \ 

1)aniisl W. Mills, Commissumer^ ifc. 

I certify, that I have had charge of the oflice and books in the 
brewery of John Taylor, for the last three years past, that I have 
read the above aflidavit sworn to by l.im, and believe it to be cor- 
rect; that from the supervision I have of his business and accounts, 
and his cash o|ierations, that there could be no drugs purchased, or 
used in the establishment of his brewery, without my knowledge 
of it; that no such purchase has ever come to my knowledge, nor 
do I believe any to have been made. 

JOHN G. NORTHROP. 
Sworn and subscribed, this 30th ) 
day of April, 1835, liefore me, \ 

Daniel W. Mills, Commissioner^ tfc. 



Answer of Robert Boyd. 

The honorable the select committee of the Senate of the State of 
New- York, in answer to the several interrogations directed to 
me, I beg leave to oflfer the following: 

1. I am engaged in the business of brewing ale in the city of Al- 
bany, and have been so engaged for thirty-one years last past. 



16 [SifiNATA; 

3. N6 drugs enumerated in this interrogatory, nor any other 
poisonous drug or compound, have ever been used by me, directly 
or indirectly. 

4. I deny^ ^* in toto," the having pot, or caused others to put, 
any poisonous or deleterious compounds in any ale manufactured 
by me; nor have I purchased any -of the drugs enumerated in No. 
8, or caused others to purchase them to be used in my brewery. 

5. I know of no inducement a brewer has to use dnigs in the 
rranufacture of ale or porter. I know that good and well flavored 
ale is made in my establishment without the aid of any drug or de- 
leterious com}>ound known to me. With respect to the question, 
*^Is the use of drugs a matter of profit or loss to the brewer 1*' I 
am unable to answer it, as I have never made the experiment. As 
to the difference between the manufacture of ale in this country 
and in England, I am unable to say in what it connsts; I presume, 
however, that the process is similar : in England, the brewer pays 
more for his malt, on account of excise duty, but makes it up by 
charging more for his ale, than the brewer in this country. 

6. The materials of which the ale and porter manufactured by me, 
are barley malt, hops, salt, and when the extract fronf the malt is 
pale, burnt sugar is added for coloring. The two latter materials are 
used in very small quantities. The extract from barley malt, has 
a sweet luscious flavor; that from the hop, has an aromatic bitter 
flavor; salt is added to make the flavor more agreeable. The dif- 
ferent shades, strength and flavor of ale depend upon the dry- 
ing of the malt, the quantity used, and the conducting of the pro- 
cess of fermentation; that flavor which gives to some ale the taste 
of aloes, may arise from the use of an inferior or bad flavored 
hop. R. BOYD. 
Sworn before me, this 30th 

day of April, 1835. 

J. W. Edmonds. 




\ -> w 



Answer of E. Par melee, Sf Co. 

The undersigned, one of the firm of E. Parmelee & Son, manu- 
facturers of ale and strong beer, in the village of Lansingburgh, in 
answering the foregoing interrogatories, says: 

1. That he has been engaged in the manufacture of ale, porter 
and beer, from the year 181G to the present time, on account of 
himself and partners. 

8. That no one of the articles set forth in this interrogatory, 
nor any other poisonous drug or compound, or any extract, or es- 
sential property thereof, has been at any time, or in any quantity, 
directly or indirectly, infused, mixed, put fn, or used, in beer, ale 
or porter, either when manufactured, or when preparing for mar- 
ket, by us, in any quantitieaor proportions whatever. 

4. That no person in our employ, by our procurement, or with 
our knowledge, consent or approbation, have caused, or procured. 



No. w.] rr 

any such dra^ or CAmponnds, or the extract, or essential qnalities 
thereof, to be inrused, nnixecL, fnit in or used, in ale, |>orter or beer; 
nor has any one in our behalf, at any time, purchased, nor have 
-wc had in our possession aiiy of the «aid articles, other than such 
tis have been purchased and used for medicinal or other purposes, 
in Bo manner connected wkh the manufacture of ale, porter or 
beer. 

5. That he does not know of any indtrcement for the use of any 
of the said drugs or compounds in the mimgfacture of afe, beer or 
porter, in this country, and that he verily believes that such use 
-would bo a matter of loss and not of profit to the brewer; that he 
is ni»t sufficiently acquainted with the cKflerence between the manu* 
facturing of ale, porter and beer, in this country and in England, 
to give ati opinion on the laltei clause of this iriterrogafory. 

6. That the only ingredients or materials used by us in tnanu* 
facturine ale and beer at our establishnnent, arc malt, hops and 
pure sprmg water, and in a few instances, under particular cir^ 
"cumstanccs, a little common honey ; and in ^he manufacturing of 
{)orter, the ingredients are the same as in ale or beer, with the 
< nly adxiition of liq«oric:e rof)t and juniper berries, to change the 
flavor of the liquor; that the qualities and properties of all the 
«bove ingredients are so generally known, as in his opinion, to re* 
quire no other reason to be assigned for their use; and thnt the 
causes which produce the different shades, strength and flavor of 
the ale, beer and porter, other than as above stated, depend on the 
<)ryinff of the malty hy a greater or less heat; the colour and fla* 
vor of the hops, and the greater ot less quantity of the saccharine 
matter of the malt, infused in the liquor; and that the dead bitter 
flavor of the4>eer, com|mred to the taste of aloes, is derived either 
from the quality of the hops used or from some mismanagement in 
manufacturing, or in the treatment of the liquor after manufacture 
ing, whereby the aromatic flavor of the essentiaJ oil of the hop it 
iost, while the bitter taste alone remains. 

All of which is respectfully submitted* 

ELIAS PARMELEE. 
Sworn before me, this 1st day ) 
of May, 1835. ) 

Daniel Whiting, Justice of tht Peace* 

The undersigned says, that he has been engaged as a brewer, in 
the employment of E. Parmelee & Son, in the village of Lansing- 
burgh, nine years; and that duiSng the whole of that time he has 
had the principal charge, overseeing and management of the 
brewing business; and that he has carefully examined the forego« 
ing interrogatories and their answers, by Elias Parmelee, one of 
the aforesaid firm, and that to his knowledge and belief, the an- 
swers are true, in. all their assertions and declarations, and that 
his own practice has ever been in accordance therewith. 

JOHN SANDS. 
Sworn before me, this Ist 
day of May, 1835. 

Daniel Whiting, Justice of the Peace^ 
[Senate No. 88.] 3 



•»-.. 



19 ISenxiv 

Answer of J. Dougrey ^ Co. 

Jamcii Dou|;rey, of Lansiingburgh, county of Rensselaer and 
State of New-York, one of the firm of J. Dougrey & C«^., brewers 
oi said place, makes the following, auswers to the foregoing inter* 
rogatories: 

1. That I have been engaged in brew*ing strong beer and ale at 
our present establishment for six seasons last past, for myself and 
others, under the firm of J. Dougrey & Co. 

3. That no one anirle named in this interrogatory has ever been 
used in our establishment, nor has any extract or c«im|>ounJ of any 
or cither of them been used by any one, in any stage or |U'ocess 
of our brewing, fermentation or barrell'mg^ or at any |:eriod after 
barrelling; and that no other ingredients have been used by me, nor 
any one else in our establisihmcnt in manuracturing ale or beer, but 
malt and hops only, except part c»f tw*o seasons, a very smnlTqoan* 
tity of liqu«>riire root us<*d as an experiment by mc% which was fn* 
tended to aid the flavor of our anirle, but which article is now 
wholly abandoned by me; strength or intoxicatiug qualities are 
not so much s^iught for» as a pure flavor.. 

4. I never have, nor has any one connected with me, or in my 
cm|>loy, with my knowledge, consent or appr<»bation, pnicTured or 
CJiused to he procured, any deleterH>us drugs or compounds, f>r the 
essential qualitins thereof, to be infused or put into any article of 
beer or ale manufactured by us; nor have I ever purchased, or at 
any time had in my possession to my knowledge, any of the said 
articles. 

5. Instead of being actuated by any expectations of gain by us* 
ng deleterious drugs or com|K>unds, I am satisfied their cost would 

exceed the cost of malt and hops. In th'is country, nothings in my 
o|>inion, will produce as much pure saccharine at the same cost, as 
good malt, at the average cost of tjie article for the last six years; 
nor that any "substitute can be found for hops, calculated to answer 
the purposes intended by the n^ of hops, viz: flavor, preservation 
and cheapness; I would therefore thiuk, that no one at all ao» 
quainted with the busin(^ss, can, on the score of gain, be induced 
to use any other ingredient or compound as a substitute for either 
malt or hops. I wish it, however, distinctly understood, that I am 
entirely unacquainted with the cost of any one of the articles nam* 
cd. 1 know nothing of the process of brewing in England, except 
from reading. 

Baverstock's 'treaties on brewing, (the best English authority^) 
says ^^any one that uses any other ingredient than water, malt and 
ho|>8, must be men unacquainted with the most valuable principle 
of their business," and pronounces them *^ contemptably ignoraat 
of their own interest, for that all the money which is paid for such 
additional matters, is far worse disfK>sed of than if it were thrown 
into the sea." He confidentiv denies that any well informed pub- 
lic brewer in England uses dt'ngs. 

6. The ingredients used by us, are malt and hops only; the extract 
of the malt, to give the ale or beer a body and strength; the hops, to 
givq it a flavor, and as a preservative against acidity ; the quantity of 



No. 88.] in 

stock used, or extract from the same, governs the strength of the 
article; the dsflfercnl shades of beer, ale or porter, arc caused by 
the high or tow drying of the malt and the dark or pale color of 
the hops lined; as to what causes or produces the aloes taste, if it 
exist, I am. unable to state, as I never, to my knowledge, tasted 
alf^s: if thereby is meant a very bitter taste, I wouJd answer, that 
too much liop may be used to suit the tastes of every one, or the hops 
may be too much boiled; I know of no other reasons, either f r 
the shades or for the flavor of beer or ale. I never knew of any 
colouring matter being Wsed for ale. It oay be well to n* 
mark, that in beer intended to keep sound in warm weather, a 
tiiuch greater xjuantity of hop 4s used, than Is used in what brew- 
<^rs term present iu«, intended to be used, in cool weather; the ve- 
ry bitter taste sometimes complained of, I rarely or ever heard as 
4ia objection to the latter article. 

JAMES D0U6REY. 
The foregoing affidavit sworn to this ) 
28th day of April, 1835, before mc, ) 

J. C, Lansi^ig, Sup. Co art CommUsioner. 



Jlmwer ofjfush^ Burt Sf Co. 

I. Abram Nash has been engaged in the business of brewing aid 
€vf stroi^ beer for the kst eleven years in Troy, and for the List 
two years I have taken into pnitncrship, Uri Burt and Allred D. 
Nash, under the firm of Nash, Burt &. C«). 

3, 4 and 5. As to the articles named in these questions, we have 
never boastht. S(»ld or used the least particleof either of the drugs, 
^r any other named nrtii'ln inirluded in the 3d question; neither do 
we believe timt they wouJd be proper, sale or useful; nor have they 
«ver been named by any one about the brewery, as necessary or 
safe to use. 

6. Our ale or strong beer is made with pure spring water, bar- 
l«!y malt aixl good hops; we suf>pose that soft water is ns much 
firoferablo fi»r ale a.H for niany «ithef purpose^s for which it is used 
— *this we think to he onn of tlie causes that the country ale is pre* 
ferreil by some in New-York to their city manufac^tured ale. Wo 
U4c for one barrel of ale, from three bushels to three and a half 
bushels of malt that we dry on a tile kiln at a slow but suitable 
h«?at, with hard coal. To make tlic malt a light amber, which is the 
only article that gives the shade or color to the ale, excepting it 
may sometimes happen, in high dried hops, that they may add a 
liule to the shade, but if they do, we expect that the flavor of tho 
ale will bs changed a little also; and if the malt and hops are high 
dried, we hear a complaint that the ale is burned or aloes aro 
used. Neither of these charges arc true, but the effect is the samo 
as in high luirned coffee, it changes the flavor. The above water, 
malt and hops, compose all that we use to make a^e or strong l)eer, 
excepting, we add to every fil'ty barrels, four quarts of fine table 
salt when boiling, which we jutlge to be as necessary tor beer as 
for any other article used by man that has substance. What we 



«y fSEj 



hUre v^ntfen we hope will answer the foregoing qacstioas, to 
tisfy th^ ini{tjiring world, and we shrink not from the iMiswer for 
proBecQiIng the business to oar consoiencoe and at the bar of God. 

ARRAM NASH. 
RR!V88Ri»Ai?ir CocfNTY, 88. Oh the tP7lh day of ApriK l€H5v per^ 
sonatly appeared before nfie, Abran> Nash, tome personaMy kDown^ 
as one of the firm of Nasb, Burt A.^Co., brcwera of the city of 
Troy, and iieing duly sworn, says, that the fon>gnif^ answers t» 
llib questions pu% contam tb^ truth, the whole truth and oothiog 
%ttt the inith. 



Jtnsmer of J. {r U. Wallace^ 

J. & U- Walla^^e, of the city of Troy, answer the foregniii; 
qoestions in the following manner, vizr 

I. We have been engaged in the brewing busificss eleven year* 
fast October, on our own aceonnt; Jarmcs Waltac:e, as bookkee^ier 
and omdoorman, Uriah Wallace, for tlie hul seven scaseos,. as 
brewer. 

3'. None of the articles enumerated fn this question, except eop» 
pcras, has ever been about our place,, to our knowledge,, nor have^ 
we ever seen them any whcrcr 

4. In the spring of 1831, we purchased from eighteen to twenty 
pounds of copperas^ for the purpose of mixing rt in tlie white wsisb 
which we put on the buildings and fence about our estnblkhment* 

6. We know of none; arc not sufficienrly a<*qviatnted with the 
brewing business in England to answer this question* 

6. Malt, hops, W!itcr^s;»lt and honey, is used in the mantsfacture 
of pale ole. Bstrtey infused in water and spread on floors; tite 
process of vegetation changes the glutinous properti<*s of the 
grain into a sncchnrtne substance, which gives tlie ale it»9weet pro* 
p rties. Hops give ale thp bitter taste, which some imty mistake (ar 
aloes, and is necessary to promote the fermentation and assist the 
ale, beer and porter to keep, without becuming acid. The difier* 
ent shades of ale are prodticcd by drying the malt on the kiln, 
which may be varied from the brownest to the patest kinds of ale. 
The strength of ales may vary by using more or fess n>alt, or the 
fermentation being carried further in one kind of ale or lieer thao 
another. There is a great variety in the flavor of hops: some have 
a strong, others a more delicate flavor, which readily accounts for 
the ditlcrent flavors perceptible in the ales of the same establishment. 
Ale or worts, after boiling and before fermentation, have a sweet bit- 
ter flavor; when ready for fermentation, yeast is used, which acts on 
the worts and decomposes a part of the sweets and evolves carbo* 
nic acid gas, the gravity is diminished, spirit is generated, which 
assists to preserve the ales from acidity. If not from putridity, 
either of which would destroy it. 

Albany County, ss. — James Wallace, one of the firm of J. & 
U. Wallace, herein mentioned, being duly sworn, says, that the 



No. 88.] 21 

factn set forth in the above statements are iruc, of his own know- 
ledge. JAMES WALLACE. 
Sworn and sabscribcd this 28th ) 
day of April, 1835, before me, \ 

J NO. C. KfiMBLE, one of the Judges of the Court for the 

Correction of E^Turs. 



Answer of deorge ito6inson. 

1. I km engaged in the business of brewing ale, in Hudson; I 
have carried on the business there for the last twelve vears. 

2. I have six workmen employed in that business, whose names, 
and the partinular branclYcs tlicy are employed in, areas follow*s, 
viz: Charles Monk, brewer and celfarman; l)anicl Grant, grinder; 
Robert Wynyatcs, malster; Dani(?l Murpheyand John Catou, bar- 
rel washers and laborers; ami William Hinds, toamster. 

3. Sulphare of iron or copperas has once, and only once, been 
nsed in mv brewhotrse, as heading for a brewing of porter, to the 
amount of four ounces. 

4. No. None, none. 

5. None; a matter of loss. In England, during the long French 
or continental war, from 1792 to 1815, malt was as lugh as 14s. 
sterling per Winchester bushel. There was then a strong induce- 
nicnt held out to brewers, to adulterate their ale. I consider there 
is noiie in this ct>untry; malt aiul hops being the cheapest and best, 
ingredients we can use. 

6. The ale brewed at my estaMtshment is composed of malt, hops 
and water, and a small quantity of common culinary salt, say two 
or four ounces to each barrel. The malt git'es the body ; the hops, 
flavor, and adds to the preservative quality of the ale; the salt 
c'hirifit'S the ale, and assists fermentation. The dilTerent colour 
of ale nris(*s fr^Mu the diftereiit shades given to the malt in drying; 
the diHerent flavors, from diflerent methods of fermentation. The 
flavor of aloes, from a bad or languid fermentation. 

GEORGE ROBINSON. 



Jlnswer of Hazard ^ Gardiner, 

I. I am, as it regards ale and strong beer in Catskill, for the last 
seven years, and previously an apprenti<?e to Messrs. Law & B v- 
ridge of Newburgh foui seasons, and one season as malster to 
M. Vassar & Co., I'oughkeepsie. 

3. Never, to my knowledge, either directly or indirectly. 

4. Never, to my knowledge, oi by my procurement; the arti- 
cles enumerated in questi«in 3, havo liever been pui-chased, owncc', 
or in mv oossession, iii the most remote connection with mv bus.- 
ness trs a brewer. 

5. I give it as my opinion, there is no inducement whatever. 



22 [Sbiiatb 

The " use thereof," whether profitable or not, I cannot say, never 
having soon it tried. Whether there is any ciifTerence between 
the mainufacture in this country and in England, I cannot tell. 

0. The beer manufactured by niu is composed of the extracts of 
barley malt and h«ips. 

^' Th^ object of ninshing, is to extract from the matt all the sac- 
charine matter, and u certain part of farinacious substance, on the 
due proportion of which, the proper fermintution of the wort and 
flavor of the t^eer in a great measure depends. Hops ccmtain a fine 
essential oil, which has an agreeable bitter flavor; they are reqiu* 
site to preserve the beer from the acetic fermentation which would 
otherwise take plac:e immediately after the spirituous (vinous,) fer- 
mentation ceases."— fit/taAicrgA Encyclopedia. 

The diSercnt shades of our ale are derived solelv from the malt 
used; in drying pale malts, smoke from the fuel made use of, or loo 
great a degree of heat, are carefully avoided. The diflerence in 
strength is produccul by increasing or diminishing the quantity of 
wort, from a given quantity of goods. The reason for a ditTer- 
cncre i«i shade or strength -is simply because some customers prefer 
one kind, some another. I do not know the cause of that flavor, 
which gives to some beer the taste of aloes, unless it is owing to 
the use of strong hops which may have become damaged by park- 
ing, before sufficiently cured, or to unskilfulness in the operator, 
or to both combined. JAMES D. GARDINER. 

iSworn and subscribed, this 2d ) 

day of May, 1835. before me, \ 

Ja«. D. PiMca.NEY, CommiMsioner of Deeds. 



Answer of M. Vassar ijc Co. 

1. We have been engaged in the manufacture of ale since 1813; 
never have employed any foreman or chief brewer; one of our 
firm has always attended to this branch of the business. 

3. None of the drugs, ingredients, or articles, named in this in- 
terrogation, have ever been used by us, directly or indirectlVt or by 
any one in our employ, at any time, or on any occasion, to nur 
knowledge or belief, excepting in one' instance, in one brewing 
made some ten or twelve^venrstigo. and then only by way of experi- 
ment; and the result rendered the liquor unsalable, by impairing 
its flavor, and was subsequently consumed (principally,) by the 
workmen of the honse: these articles were, coculus indicua, ulum, 
salt c»f steel, capsicum and grains of paradise. 

4. We, nor any «»ne in our einpl«»y, nor agi*nt, has ever liought, 
or had in |M>ssession f>n onr aecnunt. to our knowledge or bi*ltef, 
(except in the instance above mentioned,) any drugs, ingredients, 
or com|>ounds, and used them at any time in the manui'acture of 
niait liquors made by us. 

5. Prom our exfierienee and knowledge of the l)rew*ing business, 
should not suppose there was any inducement fur the use of any drugs 
or compounds in the maoufucturc of ale, beer or porter; nor can wo 



No. 86.] S3 

cnnccivc or believe it possible to find nny substitute, either as a 
matter of economy or profit for ^ood malt nnd hops, and a« we be- 
lieve are tlie only articles neeessary and essential Tor the m:iking 
of g<NHl ale, beer or porter; fur it is these alone, when juilieiously 
pr«i|>ortioned and manufactured, that canniiiule. malt Hyuorx. and 
im|istri that fine and delicious flavor, so highly eb'ieenied by tl.Oiu 
accustomed to their use. 

G. The only materials used by u% in the manufacture of ales, &c. 
are malt and hops. The diflerence of flavor in ales arisf*s chiefly 
from the drying of the mall; that which iii dried pale or light am- 
l»er, is generally preferred for ale; the amber or brown, for por- 
ter, or a mixturcofeach kind. The diflerent shades of colour in malt 
liquors, is mostly owing to the degree of heat the malt has recei- 
ved on the kiln in the process of drying; and some also, from the 
quantity and colouring matter in the hops. 

An irregular or injudicious fermentation will cause a nauseous 
and unpleasant bitter to ale; but cannot say whether it would imi« 
fate the flavor or taste of aloes, never having used the drug, nor 
drank any ales or porter containing this article to our knowledge. 

Poughkeepsiej {Dutchess co.) ^prU21lh^ 1835. 

M. VARSAR & Co. 
per M. VaSSAR. 
Sworn and subscribed this 1st / 

of May, 1835, before me. ) 

S. B. DvTTON, Commissioner of Deeds. 



Jhuwer of LaWj Bevridge 4r Co. 

• 

1. I am engaged in the brewing of ale, in the village of New* 
burgh; I learnt the business here; for fourteen years I have been 
an operative brewer; the last ten of which years, I have been a 
partner in the firm of Law, Bevridge & Co. 

8. I use none of the articles specified in this question, nor any 
other drug, in any way, nor do I employ any person to use them 
for me: some years since I used some of them in exfierimenting, 
I tried some in four or five brewings of porter; but being satisfied 
that they were injurious, I abandoned the use of them entirely, 
and do not now use any of them in any way. 

4. Neither myself, nor any pers«m (or me, have purchased, or 
owned, or had in possession, any such drugs or compounds, except 
at the time, and for the above mentioned experiments. 

5. I think that in this country there is no inducement for the use 
of any of said drugs or compounds, in the manufacture of ale. I 
do not profess to Ims a porter brewer, and consequently eannot tes- 
tify as to that, as I never attempted but four or five brewings of it. 
We make nothing but pale and amber or brown ale; and in ale I 
am decidedly of the opinion, that^any drugs would be unprofitable 
and injure the quality of the artiefe; the sweet from malt and the 
bitter from hops, are not onlv the best, but the chea|H»t iDgre*^ 
dients. As to the practice in britain, I only know from books and 



24 [Seiiats 

hf^arsny. The excise laws there taxing strong ale so much more 
than weak, may bean inducement to use drugs; but I believe their 
fines! ales, especially in {Scotland, are free from ail Irandulcnt ad* 
mixtures. 

6. The only ingredients used by us in the manufarfure of ale, 
are water, mnit and hops, with a small quantity of romthfin salt, 
and occasionally a little sugar or honey. The different shades of 
colour in ale, are prinluced by giving the malt more or less fire 
while drying it on the kiln. The strength is in pn>p<Yrtion to the 
quantity of malt used in a given quantity of ak?. The flavor is 
produced by the skill of tlie operator, and the judicious selection 
and a[)p!ication of his materials. The nloes taste spoken of, may 
be from an unskilful use of the hops, thereby extracting a disa- 
greeable bitter, or sometimes when the yeast is not well separated 
from the ale, it gives a nauseous bitter taste, technically called 
yeast-bitten. 

As we court investigation on this subject, and wish to give full 
and satisfactory testimony, I take the liberty of adding the i^ilida- 
vit of our foremen in their different departments, and consequently 
the men who would be employed to put in drugs or compounds, if 
any were used. 

All which is respectfully submitted, 

JOHN BEVRIDGE. 
Sworn Itefore met this 27th ) 
day of April, 1835. ) 

B. H. Mace, Commissioner of Deeds, 

We, whose names ^re undersigned, are in the employment of 
Messrs. Law, Bevridge & Co., and so far as we know, the above 
statements by Mr. Bevridge are correct. We do not know of any 
thing used in the manufacture of ale here, besides water, malt, 
ho|ii, conitnoQ salt, and occasionally sugar or honey, and we think 
that nothing could be used to any ex tout, or with any frequency, 
without some of us knowing it 

ARNOLD McNEAD, 
JAMES PATERSON, 

his 
AMBR05?E X SUTLIFE, 

mark 
ABEL STEELE, 
THOMAS McCANN. 
Sworn and subscribed, this 27th 
day of April. 1835, liefore me, 

B. H. Macis;, Commissioner of Deeds. 

Statk of Nkw-York, 
Orange county^ ss. 

.John Forsyth, of Newburgh^ in said 
county, being dulv sworn, doth dept^se and say : that he is one of 
the firm of Law, bevridge & Co., above mentioned, and has been 
one of said firm for the last nioq years ; and further, that he has 



No. 88.] 25 

read the foregoing interrogatories and the answers thereto, and 
tnat he fully concurs in the affidavit made by John Revridge, and 
the same is true and correct. JOHN FORSYTH. 

Sworn to and subscribed, this 27th 
day of April, 1885, before me, 

B. H. Mack, Commisrioner of Deeds. 



Answer of D. R. TUtle. 

1. I have worked for Fidler & Taylor about six years; in busi- 
ness for myself and partnership about six years. 

3. I have not any of those articles, neither did I ever use them. 
I make my beer of nothing else but malt, hops, water and common 
salt. I do not make any porter. 

4. I never had any, nor ordered any, in no shape nor manner, 
except once I recollect of being told by an old Englishman, that 
coculus indicus was so good to fine beer, and would make it head- 
dy; I went to a druggist to see this article — he handed me six or 
twelve berries. I inquired whether they would be injurious to 
health; he told me they were; I then said I never would make any 
beer if I could not make it without using things injurious to health, 
and did not use the article, nor any of them, nor never have. 

5. The use of those articles I am unacquainted with; I never 
was in England. 

6. The ingredients or materials, are nothing else but malt, hops, 
water and common salt, used in my establishment. It is barley 
malt which, by being malted, makes it a sweet, but would drink 
rather sickish without the pleasant bitter of the hops with it I do 
not see much use of salt; either way, the use of beer is to quench 
thirst, and is nourishment. The different shades are caused by 
drying the malt, sometimes higher than other, sometimes by hops 
being picked late will be of higher colour than early picked. Can 
give different shades by colouring made by burning sugar or mo- 
lasses. The strength is the substance of the grain, same as bread ; 
fermentation puts the beer in a state to take spirits from it by dis- 
tilling. It is a wholesome liquor, if used with discretion. Eating 
too much will hurt a person as much as drinking too much beer. 
Ill flavor is given to ale in diflTerent ways: sometimes in boiling, 
sometimes in the fermenting tuns. 

D- R. TITTLE. 

Sworn and subscribed, this 28th ) 
day of April, 1885, before me, \ • 

Daniel W. Mills, Commissianery ^. 



[Senate No. 88.] 



26 [Sen at 

Amwtr of John Johnson* 

To the Honorable the Senate of the State of New- York, the un- 
dersigned begs leave to answer to your interrogatories, as fol- 
lows: 

1. I am engaged in the brewing of ale or strong beer, and have 
been for the last fifteen years in the city of Brooklyn, State of 
New- York, on my own account. 

8. I have not used myself, or any man in my employ, either di- 
rectly or indirectly, any of the enumerated articles, either in their 
Iraw or natural state, or in any extract, or made in a compound 
article, or any noxious or deleterious drugs been used by me ever 
in the making or preparing for market 

4. I, nor any one for m^, never had or purchased any of the 
above articles, or extracts, except coculous indicus; I had a small ^ 
quantity in England to fuddle fish with— never saw it in this coun- 
try. Nux vomica I once had a few beans to poison rats with. 
Laurel leaves and aloes I never saw the articles* 

5. It has always been my firm opinion that the ale made in this 
country was a genuine article from malt and hops — never met 
with a brewer here who ever recommended drugs, but always 
malt and hops. The latter materials I consider will make a better 
ale, and cheaper than any drugs or compounds that can be found. 
To withhold malt and bops and use drugs, the quality of the ale would 
soon show the brewer his error. The difference between here and 
England is, or rather was, here the price ofbarley and hops is low; 
there, durini^ the last war, barley some years was bad, and of course 

Erice high: one dollar excise per bushel of malt, two dollars each 
arrel of ale; duty on hops some years very dear; great competi- 
tion and small profits, which might drive brewers to other things 
as a substitute. 

6. I make my ale of malt, hops, water and yeast; other extracts, 
compounds, drugs, &c., I use none whatever. The shade is owing 
to different qualities of barley, and being hiffh or pale dried in 
malting. Strength in a stronger extract of the malt and a good 
fermentation. Flavor varies, owing to the different malt, hops 
and water brewed from, and different management in the process. 
The flavor, like aloes, proceeds from a rank unpleasant bop and 
long boiling. 

JOHN JOHNSON. 
Subscribed and sworn, before me, 
the 24th day of April, 1885. 

N. B. MoRSB, Fir it Judge of Kings County. 



Answer of R. C. Wortendyke. 

City and County of J^Tew-York^ ss. R. C. Wortendyke, of the city 
of New-York, being duly sworn, answers the foregoing interro- 
ries, as follows: 
1. I am engaged in the brewing business in the city of New 



■ • 



No. 88.1 ^"^ 

York, and commenced that basiness in Octobef eighteen hundred 
and thirty-four, upon my own account 

3. I know nothmg of any such practices. 

4. To each and every part of tliis interrogatory, I unequivocal- 
ly answer, No. 

5. I know nothing of any part of this interrogatory. 

6. The materials used by me in brewing are malt, hops and wa- 
ter, with sometimes small quantities of ginger, coriander seed, salt 
or rye flour. The strength is derived from the malt. The hop 
is used for its agreeable bitter, and for its preservative qualities. 
The oth^ articles I have thought improved the flavor. Difference 
in strength may be referred to the difference in quantity or quali- 
ty of the materials, or in the manner of their use. The taste of 
aloes is probably caused by an imperfect fermentation. 

RINIER C. WORTENDYKE. 
Sworn to before me, this ) 
2dd day of April, 1835, ) 

Chas. W. Sandford, Com, of Deeds^ Mw^York. 

City and County of J^ew-York^ ss. Cornelius H. Wortendyke, of 
the city of New- x ork, being duly sworn, deposes and says, that 
he has been employed in the brewery cf his father all the time 
since he commenced the brewing business; and this deponent fur- 
ther deposes, that none of the drugs mentioned in the foregoing in- 
terrogatories, nor any other noxious or poisonous drugs, com- 
pounds or extracts, have been used in stfid brewery; and further 
says, that they could not have been used without the knowledge 
of this deponent; and this deponent further deposes, that he has 
read the answers of his father, R. C. Wortendyke, and this depo- 
nent confirms the same in every particular. 

C. H. WORTENDYKE. 
Sworn before me, this 2dd 
day of April, 1835. 

Cha8. W. Sandford, Com. of DeedSy ^ew-York. 



Answers of C. W. and & JUKlbank. 

To the Honorable Committee: 

City and County ofMuhYork^ ss. We, Charles W. and Samuel 
Milbank, brewers, of the city of New- York, being duly sworn, do 
depose and say, in answer to the foregoing interrogatories, as fol- 
lows: 

1. That we have been engaged in the brewing business for the 
last twelve or fifteen years; our senior partner seven years of said 
time for his own account, at Providence, R. I.; our junior partner 
with his father, Samuel Milbank, during part of said time; and 
now for our own account, under the firm of C. W. and S. Mil- 
bank, at 58 Madison-street, New- York. 

3. We have never used either of the articles enumerated there- 



M [Senate 

in, neither in extract 6t any essential properties thereof, directly 
or indirectly, by infusing, mixing, putting or using in beer, ale or 
porter, neither when being manufactured or preparing for a mar- 
ket, except in one instance, our C. W. M. tried the experiment at 
Providence, of putting as much copperas as would lay on a six 
penny piece in a cask of ale, and which destroyed the liquor — ^ne- 
ver tried it before or since — most of the articles we have never 
seen, and would not know them if they were shown to us. In the 
course of all our practice we have used not more than six or seven 
gallons of pure spirits — this also was an experiment. 

4. We never have purchased or caused to be purchased, any of 
the articles enumerated in your 3d question, nor ever had any in 
our possession. 

5. It isour firm belief and opinion, that neither drugs or compounds 
are used by brewers in this country; that nothing can be substitu- 
ted for nralt and hops that will so well answer the ends of the 
brewer, both as regards his profits and reputation; a contrary 
practice we believe would result in loss to the manufacturer. We 
have never been in England, and cannot satisfactorily explain the 
difference that may exist in the manufacturing of maU liquor there 
and here; but believe they are there driven to the use of deleteri- 
ous substances on account of the very high duties that are, or have 
been, imposed on malt and hops, and beer in its manufactured 
state. We believe that there is not one brewer in twenty, who has 
learned his business in this country, that would know how to use 
the articles named in your 3d question, if they were given to them, 
and would not know many of them apart, without being explained 
to them. 

6. The materials made use of by us in manufacturing porter, ale 
and beer, are malt, hops, water and yeast. The dinerence in 
shades is generally consequent on the colour of the malt and hops 
used, it is sometimes necessary to highten colour, which is gener- 
ally done by burnt sugar or molasses. The quantity and quality 
of the malt and the proper manufacture gives strength; the flavor 
is also dependant on the qualities of the malt and bop, and the 
manner in which the process is managed. The flavor of aloes, 
which is sometimes said to be found in malt liquor, may be owing 
to its being too high hopped or bad management, and stock beer 
brewed for keeping during the summer months, if drank soon after 
it is made, partakes of a rank and earthy flavor of the hop, which 
in our opinion accounts for the supposition in the public mind, of 

. aloes being used in malt liquor. The article we have never seen, 
nor would not know it without its being explained to us. We 
sometimes make use of a little honey, sugar or molasses, for the 
purpose of ripening liquors. 

CHAS. W. MILBANK; 
SAML. MILBANK, Jr. 
Sworn to before me, this 25th 
day of April, 1835, 

Alfred A. Smith, Com, of Deeds, 



No. 88.] 29 

. Answer of William McMurtree fy Co. 

1. We have been engaged in the city of New- York in the brew* 
ing of ale and beer, for about twelve years on our own account. 

3. We have not used any of the ingredients mentioned in the 3d 
specification, or any extract or property thereof, at any time, or in 
any quantity, direct or indirect, in the making of ale, beer or por- 
ter, cither in manufacturing or when being prepared for market. 

4. We have not, nor any person in our employment, either by 
our procurement or with our knowledge, consent or approbation, 
caused or procured any such drugs or compounds, or the essential 
qualities thereof^ to be infused, mixed or put in, or used in porter, 
beer or ale; wc have not, nor no one on our behalf, at any time 
purchased or owned, or had in our possession, any of the above 
mentioned articles. 

5. We know of no inducement for the use of any of the said 
drugs or compounds in the manufacture of ale, beer or porter. 
We do not know whether the said articles would be a matter of 
profit or loss to the brewer, never having used any of them. 

6. The only ingredients or materials used in our establishment 
for the manufacture of ale, beer and porter, are malt, hops and 
water. The different qualities and shades are produced by the 
malt being dried brown or pale. The different flavor is produced 
by the different qualities oi malt and hops, and thb mode of using 
them. WM, McMURTREE & Co. 
Sworn to before me, this 27th 

day of April, 1835. 

Lambert M. Fbltus, Commissioner of Deeds, 



Answer of Sadgehury Sf Sherwood. 

1. We have been engaged in the brewing of ale and table beer; 
at No, 102 Duane-street, New- York, since 1832, for ourselves or 
on our own account. 

3 and 4. We have never used any of those articles; have never 
had any in our possession; know nothing about them. 

5. We know of no inducement to the brewer to use any of these 
drugs; we know not whether it would be profit or loss to the brew- 
er; we know nothing of the difference of brewing between this 
country and England; we never brewed there. 

6. Our ale is made of barley malt, hops, water 4tnd a little fine 
salt only, with the addition of a little molasses in the table beer. 
The malt for strength and richness; hops for flavor and preserva- 
tion. 

The liffht coloured ales are produced by drying the malt pale 
on the kiln; the disagreeable bitter may be produced by damaged 
hops, or too great quantity, improper fermentation, or burned malt. 

JAMES SADGEBURY, 

HENRY SHERWOOD. 

Sworn liefore me, this 24th 

day of April, 1835. 

C. Naolb, Commissioner of Deeds^ ifc. 



30 [Senatk 

^Answer of Wm. B. MRUs. 

I beg leave to submit the following answers to the foregoing in* 
terrogatories: 

1. I am engaged at present in the brewing of ale or strong beer 
and table beer, in the city of New- York, in company with my 
brother, under the firm of Wm. B. & A. Miles; I have been enga- 
ged in the business of a brewer since the year 1827; the first year, 
in the employ of Nathan Miles; the second, in company with Geo. 
Hauptman ; and since that time in company with my brother, un- 
der the above firm, though the manufacturing of the above articles 
have been done exclusively by me; he attending to the outdoor 
business of the firm. 

3. I never have used any of the drugs enumerated in the third in- 
terrogatory, or any other poisonous drugs, in the manufacture of 
ale or strong beer, or table beer, or in the preparing them for the 
market ; nor has my brother or any other person to my knowledge, or 
consent,, used any such drugs or compounds in such manu&ctory; 
nor have I or my brother, to my knowlege or belief, or with my 
consent, permitted any person or persons in our employ or other- 
wise, to use any such in the said manhfactory or brewing of ale, 
strong beer, or table beer, or in the preparing the same or either 
of them for the market. 

4. I answer the fourth interrogatory in the negative. 

5. I am unacquainted with any inducement for the use of any 
of the dru^s or compounds, or other articles mentioned in the third 
interrogatory, in the brewing of ale, strong beer or table beer: it 
is my decided opinion, that the use of any such, in any mode, 
would produce a loss to the brewer, as it would injure the quality 
and flavor of his ale or beer. I am unacquainted with the qualities 
or manufacture of ale or beer, brewed in England. 

6. I use in the manufacture of ale, table beer and strong beer, 
barley malt, hops and water, with a small quantity of fine salt, say 
three pints to sixteen barrels, and in table beer a small quantity of 
boiled sugar or molasses; and at some seasons of the year I use a 
small quantity of New-Orleans molasses at the time of racking; in 
table beer, I sometimes use a small quantity of isinglass to refine 
the liquor when sent out fresh or new. Malt gives the strength 
or body to the liquor. Hops are used as a preservative; they al- 
so give a pleasant bitter and agreeable flavor; salt is also used to 
improve the flavor, and it acts as a preservative. Boiled sugar or 

. molasses I use to give colour, usually about one gallon to ten bar- 
rels. The different shades of colour and the difierent flavors in 
ale and beer, are often caused by the mode of drying the malt, 
which a malster can more properly explain ; they are also caused 
often bv the different management in the fermentation, and other 
parts of the process of brewing. The strength of the liquor will 
depend upon the quantity of malt used, and in the greater or less 
skill in the brewer in extracting the strength of the malt. 
I am not a porter brewer, and am unacquainted with the process. 

WILLIAM B. MILES, JVeir-Fort. 



No. 88.] 31 

City and County of MhjD^York^ s$. I, William B. Miles, of the 
city of New-York, brewer, being duly affirmed, doth depose and 
fiiay, that the answers set forth to the foregoing interrogatories and 
the information conveyed in the within statement, are in every re- 
spect true, according to this deponent's best knowledge, informa- 
tion and belief. 

Timothy T. Buroer, Com. of Deeds. 



Answer of David Jones. 

In answer to the interrogatories of the Honorable Committee of 
the Senate: 

1. I, David Jones, am engaged in the business of ale brewing, 
and have been so for the past season on my own account, in the 
city, of New-York, at the corner of Pitt and Broome-streets. 

3. At no time and on no occasion has any of the above mention- 
ed ingredients been infused with the ale manufactured at my es- 
tablishment. 

4. I have not, neither has any individual in my employ, procu- 
red or had in possession, with my sanction or approbation, any of 
the said drugs or compounds, or any thing appertaining to them, 
for the colouring and flavoring of ale. 

5. And as far as my knowledge of brewing extends, there can 
be no inducement for employing any of the foregoing drugs or 
compounds; and as I have not used them in brewing, I can say no- 
thing of the advantages or disadvantage? arising from the use of 
them. 

6. In answer to the last question, the only articles used by me 
or any person in my employ, in the manufacturing of ale, are sim- 
ply, barley malt, hops, and occasionally a small quantity of table 
salt. And as regards the different shades which the ale may have 
in my opinion, that altogether arises from the manner in which the 
malt is dried, and colour of the hops, whether the ale be pale, am- 
ber or brown. In relation to strength and flavor, quality and 
quantity, with judicious management, is all that is required to pro- 
duce a good article. And again, as to some ales bearing the taste 
of aloes, I am not aware that it proceeds from any other cause, 
than some hops having a more rank flavor than others. 

I am respectfully, your obedient servant, 

DAVID JONES. 
J^Tew-York, April 22, 1835. 

State op Nrw-York, ) 

City and County ofJfew-Yark, \ ^^* 

David Jooes, above named, be- 
ing duly sworn, doth depose and say, that the above statement is 
true. DAVID JONES. 

Sworn and subscribed, this 24th ) 
day of April, 1885, before me, ) 

D. A. CowDRBV, Jfot. Pub. 



32 [Senate 

Answer of John M. Mounsey, 

City and County of ^ew^York^ ss, John M. Mounsey, brewer, 
of the city of New- York, being duly sworn, deposes, in answer to 
the foregoing interrogatories, as follows: 

1. I am now, and for more than twenty years past have been, 
engaged in the malting and brewing business, in the city of New- 
York, on my own and partnership account. 

3. If this question can apply to myself or the firm to which I be- 
long, I answer, No; and so far as it relates to other persons, I know 
nothing. 

4. To each and every part of this interrogatory, I unequivocally 
answer, No. 

6. I think there can be no inducement for a brewer in this coun- 
try to use any drugs or compounds mentioned in the foregoing in- 
terrogatories, and that the use of them would result in loss to the 
brewer, by reason of injury to the flavor of the article; a good 
flavor is far more important to a profitable business in this country 
than great strength in the ale. I am unacquainted with the mode 
of brewing in England, having never been there. I deem it not 
irrelevant to add, that I have never seen a competent brewer who 
came from that country, and I regard the books which I have seen 
on the subject of their mode of brewing, as mere trash, 

6. The materials used in our establishment in the manufacture 
of ale, (we brew nothing else,) are only malt, hops and water, with 
occasionally a little fine salt. The strength is derived from the 
malt. The hop imparts an agreeable bitter to the liquor. It is 
universally admitted to possess valuable medicinal qualities; but it 
is principally used for its preservative qualities, for which no ade- 
quate substitute has yet been discovered. In answer to the last part of 
this interrogatory, difference of strength depends upon difference in 
quantity of materials, or skilfulness in their use. Difierence of co- 
lour depends, in a great degree, upon difference in the manner of dry- 
ing the malt; and difference of flavor, is frequently occasioned by dif- 
ference in the process of fermentation. The taste of aloes, parti- 
cularly inquired about, is, I presume, that taste frequently occa- 
sioned by an imperfect fermentation, by reason of which the yeast 
is not sufiiciently worked off, but remains in the ale, and communi- 
c ates an unpleasant bitter. 

JOHN M. MOUNSEY. 
Sworn and subscribed this 25th > 
day of April, 1835, before me, ) 

Timothy B. Burger, Commissioner of Deeds. 

Answer of Evan Davis. 

City and County of JV*eio-For&, ss. Evan Davis, brewer, being 
duly sworn, deposes and answers to the foregoing interrogatories, 
as follows: 

1 . I have beeB in the employ of John M. Mounsey & Co* brew- 
ers, for about twelve years, and Lam now and for some time past, 
have been their foreman. 

3. I know nothing. 



No. 68.] 3d 

4. As far as this can relate to this deponent, he answers, No; and 
adds, that he thinks that such drugs or compounds as mcntionud in 
this and the preceding intertogatory, could not be used in the 
brewery of John M. Mounscy & Co. without his knowledge; and 
this deponent adds, that he has heard read the answers of John M. 
Mounsey to this and the other annexed interrogatories, which an- 
swers this deponent fully confirms. 

his 
EVAN M DAVIS, 
mark 
Sworn before me, this 25th ) 
day of April, 1835. \ 

Timothy B. Burger, Commissioner of Deeds. 

Answer of John M. Todd* 

City and County of JSTew- York, ss. John M. Todd, of the city of 
New-York, being duly sworn, respectfully answers to the forego- 
ing interrogatories, as follows: 

1. I am engaged in the brewing and malting business in the city 
of New- York, and have been connected in business with Mr. John 
M. Mounsey since the fall of 18*22, (with the exception of a short 
interval.) 

3. I answer, that I know nothing of any such practices, and I 
do not believe they exist in this country. 

4. To each and every part of this interrogatory, I unequivocally 
answer, No. 

5. I know not of any inducement for the use of either of the 
drugs or compounds mentioned in the annexed intei rogatories. It 
is my individual opinion, that if any unexperienced or visionary 
brewer should attempt to avail himself of the suggestions, lately 
promulgated with so much industry, but for a difierent purpose, 
oy fanatic and hireling reformers, his obligations to them for their 
information, would be only thoae due for blasted fame and ruined 
fortune. I beg leave to add, that I have seen the answers intend- 
ed to be made to this interrogatory, by Mr. L. Fidler, of the city 
of Albany, brewer, and I would express my entire concurrence ia 
his views of the subject, if I could add any thing to the high con- 
aideration, which the experience of that gentleman and hia entire 
devotion to the subject, will obtain for his 'opinions. 

6. I refer to, and cooilrm the answers of Joba M. Mounsey, (ac- 
companying.) 

JOHN M. TODD. 
Sworn before me, this 25th day ) 
of April, 1885. ) 

Timothy B. Bvrobr, Commismoner of Desds* 



[Senate No. 68.] 



n M [Sbnatb 

•Snswer of Robert Bilsborrow. 

City and Cnvnfy of Jfew-York^ ss. Robert BiUborrow, being do* 
\y sworn, respuctfully answers the foregoing interrogatories, as 
follows: 

1. I have been cng.^gcd in the malting and brewing business in 
the city of Nuw-York, in company with J. M. Mounsey and J. M. 
Todd, (lirm of John M. Mounsey & Co ,) since October, eighteen 
hundred and thirtv-two. 

3. I answer^ I am entirely ignorant of the use of drugs in the 
manufacture of beer or ale, and that none are used by us, either 
for the purpose of manufacturing or preparing for market. 

4. To lo this interrogatory, I answer unequivocally, that not a 
grain of any kind of drug, compound or extract, has ever been 
usi^d by us, or by ainy person on our behalf, in the manufacture of 
beer or ale. 

5. I know of no inducement for brewers to use drags in the 
manufacture of beer orate; neither can I say if it would be a mat- 
ter of profit: of one thing I am certain, it would result in the rain 
of any brewer, (in this country,) who should resort to the nse of 
any substitute for that of malt and hops. Of the process of manu- 
facturing beer or ale in England, I am entirely ignorant, and be- 
lieve there are but few brewers in this country who pretend to uo- 
dersTand it 

6. I refer to the answers of John M. Mounsey, which I confirm 
in every particular. 

ROBERT BILSBORROW. 
Sworn to before me, this 25th ) 
day of April, 1835. ) 

Timothy B. Buroek, CommUnoner of Deedx. 



Jinstoer of S. Samer. 

1* I have been a brewer, on my own account, for the last eight 
years, in the city of New-York, of ale and table beer. 

8. The articles named in this interrogatory, I have never used, 
nor have known them to'be used, nor do I know what would be 
their effect, if used in the manufacture of ale or 'table beer. 

4. I have never myself, nor have I authorized or oommissiooed 
any other, to procure or purchase any of said drugs or compounds, 
to be used in mv establishment. 

5. To this question I cannot give a precise answer, being iffoo- 
rant of the properties of such diugs or compounds, and what their 
effect might be if used in making ale or table beer. 

6. The only ingredients ever used in my establishment, are malt 
and hops. The shades of ale or beer depend chiefly on the nmnu- 
facture of the malt. The diflSsrence in flavor is owing to various 
causes, such as, bad malt, illsaveA hops, and general mismanage- 
ment in time of fermentation, &c. S. SAMER. 
Sworn to before me, this 25th ) 

day of April, 1835. ) 

By Sebastian Samer, Wm. K. Thorn, JdhL Pub^ 



No. M.] 8ft 

Jlnswer of Htnry Bunce. 

City and County of Mw^Tork^ $s. IT^nry Bunce, of the city of 
N«w*York, brewer, being duly sworn, depose and say, in answer 
to the foregoing interrogatories, as follows: 

I. I am now, and have been for more thai) ten years past, en^ra- 
ged in the malting and brewing business in the city of New«York, 
on my own account and in partnership, and at present on my own 
account. 

8. I am not acquainted with the properties nor the use of the 
drugs or articles mentioned.* 

4. I answer. No. 

6. I should say it would be a loss to the brewer. The difference 
between this country and England, I know nothing about — I never 
have been there. 

6. The materials used in my brewery in the manufacture of ale 
and porter, are composed of inaU, hops and water; in making a 
brewing of porter, a small proportion of burnt sugar or treacle is 
used to give colour, (I also use a little fine salt,) say one pint 
of colouring to thirty gallons of ale, or as the malt is more or less 
dried on the kiln. The taste of aloes I would say, is when the 
Wort has not been duly fermented, is what is called yeasty, not 
]>roperly cleansed, which may be owing to the coldness of the 
weather, or the exposure of the tun rooms. 

HENRY BUNCE. 

Statb op New-York, ) ' 
City and County o/JfeuhYork, J *' 

Henry Buncc, above named, be- 
ing duly sworn, saith, that the above statement is true. 

P. A. COWDBKY, JVb^ Pub. 



•Answer of Robert Telford* 

City and County of Mho-York, ss. Robert Telford, brewer, of 
the city of New-York, being duly swnrii, deposes and answers to 
the f4»regoing interrogatories, as follows: 

1. I have been in the empl«»y uf Hunry Bunec and his former 

Eartner in business, Joseph Barnes, and now in (he employ of Mr. 
iunce', nine years, and at present his foreman. 
'3. I do not know. 

4. As far as my knowledge extendst, I can answer. No; and add, 
that I think that such drugs or compounds, as nienlioned in this 
or the preceding interrogatory, could not iw used \i\ the brewery 
of Henry Qunce, without my knowledge; and this de(>oneiit addy, 
that he has heard read the answers of Henrv Bunce, to this and 
other annexed interrogatories, witich answers this deponent fully 
confirms. 

ROBERT TELFORD. 



SSt [SBNATr 



State op New-York, . 
CUy and Gmnty of J^euhYork ^ *** 



.1 

Robort Telford^ before named ^ 
being duly sworn, 9eith| that die above stateiDent is true. 
P. A^ CowDREV, JVb^ Pub. 



i*» 



Jlnswer of Thonufs Kelfy^ 

Citv and County of Jfew-York^ $$. Thomas Kelly, of the city of 
New-x ork, brewer of strong beer, being duly sworn, doth dc- 

{^ose and say, in answer to the foregoing interrogatories, as fol- 
ows: 

1. That he is at present engaged in the business of brewing 
strong beer, at No. 626 Washington-street, in the city of New- 
York; he has been so engaged for the fast eight years; the five 
first of which in the employ of Edward Brennan, deceased, and 
has been engaged in the said business^ for the last three years, on 
his own account. 

3. And this deponent, in answer to this interrogatory, makes 
oath and says, that he has not, at any time, or in any quantity, 
either directly or indirectly, infused, mixed, put or used in beer, ale 
or porter, either when being manufactured or when preparing for 
market, any cocuhjs indicus, nux vomica, opium, laurel leaves, 
copperas, sulphuric acid, salt of sieel, aloes, capsicum, sulphate of 
iron, or copperas, or any other deleterious or poisonous drug or 
compound, or any or either of them, or any extract or essential 
property thereof; and this deponent further says, that a few 
weeks since, his beer of a particular brewing, was returned on his 
hands by his customers, as an inferior article; that this deponent 
not being able to account for the depreciation in quality of said 
brewing, made strict inquiry amon«i; his workmen, to endeavor, if 
possible, to ascertain the cause; and on such inquiry he learned 
one of hrs workmen had put in said brewing, some alum, without 
this deponent's knowledge or consent; and this deponent feels ful- 
ly certain that the bad quality of that brewing was entirely ow- 
ing to the said surreptitious introduction of the alum; and this de- 
ponent says, that, except in s«iid single instance, no alum, either 
dirt^ctly or indirectly, has been ever used in deponent's brewery 
to his knowledge. 

4. And this deponent, in answer to this interrogatory, makes 
oath and says, that he has not. nor has any person in his employ- 
ment, (except in the single instance of alum, mentioned in this de- 
ponent's answer to the 3d interrogatory,) or by his procurement, 
or with his knowledge, consent or approbation, caused, or procur- 
ed any such drugs or compounds, or the extract, or essential quali- 
ties thereof, to be infused, mixed, put in, or used in ale, |)orter or 
beer, that he has not, nor any one in his behalf, at any time, pur- 
('ha«(ed. or ownud^ or had in his possession, any of said articles. 

5. And this deponent, in answer to the 5th interrogatory, makes 
oath and says, that he does not know the use of any of said drags 



No. 88.) ST 

or compounds in the fnanufacture of ale, beer or ported and thiat 
there is no inducement for him to use any thereof in the said manu- 
facture ofale, beer or porter ; but on the contrary, this deponent 
believes their use would be highly deleterious, and a matter nf 
great loss to the brewer; that this deponefit is unacquainted with 
the manner of brewing in England. 

6. And this deponent, in answer to the 6th interrogatory, makes 
oath and says, tnat malt, hops, well water, common table salt, 
flour and yeast, are all the ingredients or materials of which tLe 
beer (deponent does not brew porter or ale,) mannfactared at his 
establishment are composed. That the malt is used to give body 
and strength to the beer, it is wholesome ami nourishing, and of a 
heavy sweet taste. That the hops are used to temper the flavor 
of the malt, and preserve the beer good*— that it is of bitter taste, 
and gives a flavor approaching the taste of aloes, when too great 
a proportion of hops is used. That flour is sometimes used (when 
the beer is slow in fermenting,) to assist and quirken the fermen- 
tation; and this deponent says, that if the malt is carefully dried 
at the kiln, the colour is tolerably pale, that if it is scorched in dry- 
ing, the colour is deeper; that hops arc sometimes of a deep co- 
lour, and the beer is more or less deep in colour, according as these 
simple causes operate; that the difi*erence in strength arises from 
the proportion of water used; and iurther this deponent saith nut« 

THOMAS KELLY. 
Sworn to this 25th day of / 
April, 1835, before me, \ 

Alfred A. Smith, Commissioner of Deeds. 



Answer of William Kinck. 

City and County of JN*euh Yorky f s. William Kineh, brewer, of 
the city of New- York, being duly sworn, deposes and answers to 
the foregoing interrogatories, as follows: 

1. I have been engaged in the brewing business in the city of 
New- York since the year 1820, and solely on my own account 
and without any partner, since the year 1827. 

8. I know of no such practices within the last eiaht years. 

4. It has lately come to my recollectton) that uout ten years 
flg^f upon the suggestion of my family physician, I caused a very 
smell portion of coculus indicus to be used in a single brewing; 
the experiment was by no means satisfactory; the flavor was so 
unpleasant, that I determined not to use it again. 

ft. I know nothing thereof. 

6. I brew only ale, and use malt, hops ard water. The strength 
is obtained from the malt; and the hop is used for a pleasant bit- 
ter, and for its preservative properties. Difierence of strength is 
caused by difierence of quantity or quality of materials used, or 
more or leis skill in Umr use. The lasts of aloM is sometiinss 



S8 [SSNATB 

occasioned by an imperfect fermentation. I lometimet coloar ale 
with burnt sugar or molasses. 

WILLIAM KINCH. 
Sworn before me, this 22d ) 
day of April, 1835^ ] 

C. Naglb, Commtssioner of Deeds. 

Answer of George Byrne. 

City and County of Jftw-York^ ss. George Byrne^ beins duly 
sworn, deposes 9nd says, that he has been in the employ of Wm. 
Kinch, of the city of New-York, as brewer, cellarman and foreman, 
for the last eight years; and this deponent bays, that none of the 
drugs mentioned in the foregoing interrogatories, or any other nox- 
ious, or p4ii8onous drugs, or compounds, or extracts, have, during 
said period, been used in the brewery of Wm. Kinch; and this de- 
ponent has read the answers given by William Kinch, to the fore- 
going interrogatories; and this deponent fully confirmatbe same, in 
all points, within his knowledge. 

GEORGE BYRNR 
Sworn before me, this 22d 
' day of April, 1886. 

C. Naqlb^ Comwnssumer if Deeds. 



Answer of Oeorge Kiiching. 

■ 

1. I have been a malster, cm my own account, in the city of 
New- York, thirteen years, and the last four, a brewer of ale and 
beer, exclusively. 

8. This interrogatory, I have only to say, that the articles na- 
med, I am entirely at a loss to know what qualities they contain. 

4. I have not, or has any of my men, or any individual in my 
behalf, ever used any drugs or compounds in my establishment, 
for the purpose of making ale or beer— this question I answer un- 
equivocally. 

5. I consider there is no inducement for any brewer to use «lru^, 
or any kind of compound; it would be more of a loss than a pr(»fit. 

0. The only articles I have ever used for the purpose of making 
ale or beer, have been malt and hops, with the exception of a little 
honey, that I have used in pale ale. which did not exceed one gal- 
lon in two hundred of ale; this small proportion, 1 considered add- 
ed to the flavor, but I have dispensed with this measure, and feel 
satisfied that nothing can give the essential quality, equal to th-j 
malt and hops. The difierent shades of ale or beer, depend chief- 
ly on malting the barley and the manner it is dried on the kiln; 
and if through the process there should be any neglect on the part 
of the maltster, there will be a variety of flavors, that does origi- 
nate from inattention; and also through the process of ferments- 
tioii» if tba brewer shonld happen not to s u c cee d at this advaneed 



No. SS.] 89 

stage of manufacturing, he will, no doubt, destroy all the advanta- 
ges ho may have heretofore obtained, and unquestionably a variety 
of bad qualities and flavors will arise, when in this particular state. 

GEORGE KITCHING. 
State op New-York, > 
City and County of^ew»Yorkf ] * 

George Kitching, before named, 
being duly sworn, did depose and say, that the above statement 
was true. 

P. A. Cqwory, M^tary Public. 
JlprU 25<A, 1835. 

Jlnswers of William Phillips. 

1. I have been engaged in the business of brewing ale and beer, 
in the city of New- York, for tWo years, in the employment of 
George Kitching. 

3. The articles mentioned in this question, I Ijave never used, 
or have known to' be used, in the establishment in which I am fore- 
man, nor am I acquainted with any of their properties. 

4. I have never myself, nor have any in the same establishment, 
to my knowledge, purchased, or procured, any such drug or com- 
pound, to be used in the manufacture of ale or beer. 

5. In n^y opinion, brewers can have no inducement to use the 
aforesaid articles, in making «le or beer, but as I am unacquainted 
with their properties, I cannot speak decisive as to that point As 
to the dtfierence between the manufacture of ale and beer in this 
country and in England, I can say, from a little experience, I 
know of none, but what I think owing to the difference of climate. 

6. As to the cause of the various shades and flavors of ale and 
beer, I have only to express my entire approval of the opinion of 
my employer. 

WILLIAM PHILLIPS. 
State of Nrw-Yoxk, ) 
CUy and County ofJfeuhYork, ] 

On the 25th day of April, A. D. 
1885, before me came the above named William Phillips, and de- 
posed, that the statement aforesaid was true. 
P. A. CowDRsr, Mtary PubHc. 



Answer of Thomas Ready 

L I have been engaged in the business of brewing beer and ale, 
but not porter, in the aty of Troy, for eleven or twelve years; I 
have been one of the firm of Read It Armstrong, and of the firm of 
Read. Armstrong & Co., and at present of the firm of Thos. Read 
& Son. 

3. We have never used, procured, or caused to be used, coculus 
indicus, nux vomica, opium, laurel leaves, copperas, alum, sulphu- 
ric acid, salt of steel, aloes, capsicum, sulphate of iron, or copperas, 
or any other deleterious or poisonous drug or compound, nor any 



4Sf [SfiMATG 

or either of them, or any extract, or essential property thereof, 
been, or at any time, or in an any quantity, directly or indirectly, in- 
fused, mixed, or put in beer or ale, neither when being manufao 
tured or prepared for nuirket 

4. I never purchased, or caused to be purchased, any of the ar- 
ticles therein mentioned, nor never had any thing of the kind used 
at our brewery, to my knowledge. 

5. There is no inducement for using any drugs; I should think 
that their use would be a loss, inasmuch I think they would spoil 
the beer; I know nothing of the process by which beer or ale 
are manufactured in England. 

6. The ingredients used, are malt, hops and salt, and sometimes 
a little honey: say from 3 to 3i bushels of malt to the barrel, and 
from 2i to 5 pounds of hops to a barrel, and*about four quarts of 
fine salt to 60 or tO barrels; say in our pale, we put about two or 
three pints of hooey to the barrel, we think makes the pale ale 
finer, and is rather an improvement; but we use none in brown 
beer; the malt if the chief material used, aod the article which 
chiefly communicates tho different tastes, qualities and colour to 
the beer and ale; and the different shades are chiefly owing to the 
manner in which the malt is dried on tho kilo, and in some mea- 
sure to the colour of the hop. When we make pale ale, we al- 
ways select the palest malt and the palest bales of hops. We use 
no water, but pnre, clean water, formerly from a spring, and at 
present from the city water-works. If any beer or ale has the 
taste of aloes, more than others, I think ii is owing to improper 
fermentation, which some may call the taste of aloes, and some a 
yeasty taste. 

THOMAS REAIX 
Sworn before me, this 11th 
day of May, 1835. 

D. H. StonBj Commissioner of Deeds^ 



STATE OF NEW-YORK. 



No- 89. 



IN SENATE, 



May 11, 1835- 



REPORT 

Of the Commissionera of the Land-Office, pursuant to 
the act of the 25th of October, 1828, relative to there- 
pajrment, in certain cases, of moneys paid for taxes. 

Pursuant to the directions of the act entitled ^' An act authoriz- 
ing the re-payment, in certain cases, of moneys paid for taxes/' 
passed October 25, 1628, the Commissioners of the Land-Office 
hereby report to the Legislature the names of persons to whom 
warrants have been ordered under the said act, since their report 
made on the 28th of April, 1834, and the amount of. such war- 
rants respectively, as follows : 



Oiteof <Mct. 




Suam of Penoiu. Ainoiiiit of Wamnt 


1884. 


June 


W, 


Isaiah Tiffany, 


•2 58 




September 


1, 


James S. Seymour, 


31 02 




tt 


1, 


William Lansing, 


83 




tC 


8, 


S. R. Warren, 


4 61 




October 


7, 


Josiah Fisk, 


10 51 




it 


16, 


Squire Hinckley, 


3 50 




November 


18, 


Peter Smith, 


15 48 




li 


«ft, 


Jahaziel Sherman, 


10 67 


1835. 


January 


31, 


David E. Evans, 


20 03 




February 


26, 


Abraham Wing, 


1 08 




March 


•7, 


Peter Smith, 


12 35 




April 


16, 


George Gulliver, 


13 03 




May 


1, 


Merit H. Cash, 


2 39 






A. 


C. FLAGG, Comptroller. 






WILLIAM CAMPBRT-I*, 


Surv'^Oen. 






A. 


KEYSER, Treasurer. 








JOHN A. DIX, Secretary of State. 


Albany J May 9, 18S5 








[Senate 


No. 89.] 




1 





INDEX 

TO THE 

IKM)UME1IT8 OF THE fi^ENATE. 

1885. 



Annual report of the trustees of the New- York State library, 8 

Auburn Siate prisott^ report of the inspectors of« IS 

Attoraey'-Geaeral's report on the bill entitled *^ An act in ad- 
dition to the act relative to incorporations 

for maiMifacturing purpoMt;'* 4 

Albany basiii* report relative to, 71, 76 

BankSf atatemont of the affiitn of the North river,.. • 18 

Baoh of RochoaleK 1^ 

the I« Maiid baak, 88 

Import af theeon. on, • 97 

Greenwich Savings,*.. • 50 

N. York bank of savings, 72 

Troy saving, • 81 

Ontario savings,. 87 

Burrows, Jabea, report of the Comptroller on his petition, . 88 

Beef and povky rsp^t of iBspeoton of, . • ...<«•• 10, n^ 8t 

Baptist church in the city of N^ York,, report ralaliva tov«« 78 

Black river canal, report relative to, •• 77 

Brewers, repov t on the meniorial relative ta^..»rr ^^. 88 

Beer, report on the subject of brewing, ..••• 88 

CSommitteea, standinf, of the Senate and on Grovemor's mes- 

Chamber of commerce in N. Yovky memorial of,««<««^..«« 85 

Comptroller, report of, in relation to clerk hire in his office, 15 

on the pet. of Maria Weaven and Hewry 

Truax, 38 
bill for the relief of Jacob J. Tim- 
merman, 38 
giving the valuation of real and perioi^ 

estate, Ac. 40 
[S. DeecMnrre.] 1 



2 

Mb. 

Compiroileri report of, relative to the bank safety fund, • • • « 4S 

on the petition oi Nehemiah Towers, • • 57 
subject of the steam dredgins ma* 

diine, 60 
petition of Jabez Burrows, . • • • • 6S 
relative to the printing for the Legisla- 
ture, 67 

Coekett, John, report on his petition, 17 

Canal Board, communication from, relative to the canals, • • 84 

report on pet of the Mohawk fc Hudson rail- 

road company, 81 

of John Mclntyre & others, ... 74 
Claims, com. on, report of, on the bill for the relief of Samuel 

S. Lush, S8 

pet of Enos Stone, •••••• 87 

Ijeake 8c Watts or- 

house, 80 

Canals, com. on, report of, on the pet of William Buel, ... 84 

Philip Schuyler,. 55 

relative to the Black river canal, 77 

Rochester & Olean 

canal, 78 
Canal Commissioners, report of, relative to a lock in the vil- 

' lage4>f Oxford, 84 

Albany basin, • . 76 

on the pet of Sam'l Farwell, 84 

ComoMssioners of the Canal Fund, report of, 58 

Commissioners of the Land-Office, rep. David S. Jones, and 

Gerrit Smith's pet 68 
rel. to the repayment 
in certain cases of 
moneys paid for 

taxes, 88 

< 

Dredginff machine, report of the Comptroller relative to, • • 60 

Deaf and dmnb, report relative to, • • • •• • 66 

Enos Stone, report of the com. on claims on his petitioB, • • . 87 

Finance, report of the com. on the finances of the State, • • 88 

relative to ground rents, 8bc • • 88 

Female convicts, report velative to a prison for, 68 



a pi 
. of, 



Farwell, Samnel, report on the pet of,«... ••••.••••••• •• 84 

Governor's annual message, •. l 

objections to a bill regulating the weu^hing of 

merehandiae, Ac. 88 

Hoops, Adam, report on the pet. of, .« 86 

Indian affiurs, report of the com. on William Paige's pet . . 89 



3 

No. 

Judiciary com. rep« reh to the Albany basin, •••••••• 71 

Baptist ciiurch in N. York, • 75 

List of Sefiators, with their residence in the city, &c 2 

Loan for the benefit of the State, rep. of the Commissioners 

relative to, 25 

Lumber, reports of inspectors of,.... 28, 41, 42, 45, 46, 47, 52 

Lush, Samuel S. report of the com. on claims on his case, • 88 

Leather, reports of Inspectors of , • 20, 49, 61 

Lansinff, Francis, & others, report on their petition, 59 

Leake s Watts orphan house, report on the petition of, ... • 80 

Message to the Legislature, Governor's annual, . • 1 

Members and officers of the Senate, list of^ with their resi- 
dence in the city, 2 
of the Senate, list of, with nearest post-office, &c. 10 
Mount-PIeasant State prison, report of the Inspectors of,*. • 8 
Mohawk & Hudson rail-road company, rep. on pet. of, .... • 81 

of the superin- 
tendent of, 56, 78 

Memorial of the chamber of commerce in New- York, 65 

Militia, report of the com. rel. to a sword for CoL Worth, . 85 

Olean fc Rochester canal, report relatiire to, 78 

Objections of the Grovernor to the bill regulating the weigh- 
ing of merchandize, 62 
Ontario savings bank, report of,.. »• .••• ..••.«•. 87 

Pot and pearl-ashes, reports of inspectors of, • 16, 44 

Paiffe, William, report on his petition, 29 

Petition for a railroad from Lake Erie to the Hudson river, 80 

Printing for the Legislature, report relative to, 67 

Public executions, report relative to,...* •••• .••••• ••.••• 79 

Rules of the Senate, 9, 11 

Roads and bridges, report of the com. rek to the Port Kent 

It Hopkinton road, 12 
on the pet. of Fran- 
cis Lansing, et al. 58 , 

Report of the trustees of the State library, 8 

Attorney-General, see Attorney-General. 

Inspectors of salt in Onondaga county, •• 6 

sole leather, see sole leather, 
lumber, see lumber. 

the Mount Pleasant State prison, • • 8 

Auburn State prison, •.....••. 18 

^ tobacco, ..••••••• 48 

of commissioners appointed to survey a road from 

Whitehall to Port-Henry, 14 

of the trustees of the Sailors' snog harbor,.... ...• 54 

of inspectors of pot fc pearl ashes, see pot k pearl ashes. 



4 

4 



f ■* 



4 

Report of iospectors of beef and pork, tee beef and pork, 
of com. on roads and bridges, ste roads and bridges. 

' StateprisonSf.. .••••••• ••.••••••« 9S, 68 

banks, 4.... ••«•••«••••••*.• 37 

canals, 34, 65^ 77, 78 

finance,... •••••• • ... 88» 84 

floilitia, • • ^ • • ••••••.«•••••••••••••••• 86 

• of com. to examine the Treasurer's accoontSy .••••• 82 

of the superintendent of the Mohawk & Hudaoa rai^ 

road»58^ 78 

Commissioners of the Canal Fund, 58 

Land^Office, 71 

Canal Commissioners, •••• • • 64| 76, 84 

Superintendent of Common Schools, 66 

CanalBoard, 84, 31, 74 

^ of a select com. on John Cockett's petition, ••••.•• 17 

of the trustees of the State-Hail, 81 

commissioners under the act authorizing a 
loan for the benefit of the people of the 

State, 86. 

on the subject of public executions, • 78 

of the Greenwich savings bank, 50 

New- York savings bank,. •.••••• ••••• 73 

Troy savinj^ bank, •••• 81 

Oniario savings bank, ..••••. • 87 

of the Regents of tl^ University,. •• ••••••.. 70 

'on the subject of beer and brewing, 88 

Aesdiutions instructing the Senators in Congvenn to use their 

efforts to have a certain resolution expunged 

from the Senate Journals, 5 

relative to the oirculation of small bilk, ••••%• 86 

to amend the Constitution, • 35 

Regents of the University, report of the,. • • • 70 

Senaton, list of, with their city residence, fkc.. •• • 8 

nearest post-office, •••.••.••• ••••• 10 

State library, annual report of the trustees of, »••.•.•••.. • 3 

Standing committees of the Senate, 7 

State prisons. Mount Pleasant, report of inspectors of^ • • . . « 8 

Aubuni, " *« ** 13 

report of the commitee on, «. 82 

rel. to female convicts, 68 

State-Hall, report of the trustees of, 21 

Salt, reporter the inspectors of, « 6 

Sole leather, report of inspectors of, in Cayuga county, •• 20, 61 

Safety fund, report of the Comptroller relative to, ' 48 

bailors' snug harbor, report of the trutf tees of, • « • • . 53 

dchujrler, Philip, report on his petition, 55 

Superintendent of Common Sehools, report relative to the 

deaf widdumb. M 

Savings bank, reports of, ••• 70, 73 



5 



Treasurer's accounts, report of the com. to exainiDe» 88 

Tobacco, report of the inspector of, 43 

Tower, Nehemiah, report on his petition, ^ 57 

UniTersity, report of the Regents of, 70 

Worth, William J., report relative to a sword for, M 




1 



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